Drafting Pleading and Conveyance

A
TERM PAPER SUBMITTED TO THE
UNIVERSITY INSTITUTE OF
LAW
PANJAB UNIVERSITY REGIONAL CENTRE ,
LUDHIANA IN THE PARTIAL FULFILMENT OF
REQUIREMENT FOR THE DEGREE OF B.A.L.L.B (H)

WHAT IS A WILL? DRAFT A MODEL WILL

SUBMITTED TO :
Ms. Sarita Paul

SUBMITTED BY : Era Sehgal

Roll No. – 72
B.A.LL.B [7th Sem]

 ACKNOWLEDGEMENT

At the outset, I wish to thank the Almighty God for his

immense blessings and pray to him to continue to guide
me on the path of my committed calling.
A sincere and heartfelt gratitude is due in the name of
those writers whose works have been borrowed and
included in this project meant for academic and
scholastic pursuit of the student enrolled in Five Year
Law programme (B.A.LLB).
I take this opportunity to extend my thanks to our
teacher, Ms. Sarita Paul , PURC, LUDHIANA, PANJAB
UNIVERSITY for this help, without her assistance the
compilation of this project would have been impossible.

 Table Of Contents
Sno Topic Page No

1 Acknowledgement 2

2 What is a will ?
4
- meaning

- essential characteristics of a
will

- Types of will
3 Codicil 5

4 Model Draft - Will 6-7

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 What is a Will ?
Meaning of Will:
A "Will' is a legal declaration of a person's intention which he desires to be performed after
his death. Through Will one can transfer his property to any person he likes, i.e. faithful
servant, handicapped children, widowed daughter etc. It avoids confusion about the
disposal of property, among the family members after the death of the testator. A Will can
be created by any person at any stage of life.
Section 2 (h) of the Indian Succession Act, 1925 defines the Will as, "A Will is the legal
declaration of the intention of testator with respect to his property, which he desires to be
carried into effect after his death." A person who dies without making any testamentary
disposition with respect to his property is deemed to have died intestate.

Essential characteristics of a Will

1. A Will is a legal declaration by a person of majority as well of sound mind
regarding disposition of his property.

2. In case of a Hindu making Will, he must comply with the provisions of sections
57 and 63 of Indian Succession Act, 1925 and Section 30 of the Hindu
succession Act, 1956. As a general rule, a Hindu may dispose of by Will all
property which it is within his power to bequeath by any testamentary
disposition. All estates of inheritance created by gift or Will, so far as they are
inconsistent with the general law of inheritance, are void as such. However, a
Hindu may entirely disinherit his son or other heir by bequeathing whole of his
property to another.

3. The disposal of property by way of Will must be intended to take e ect after
the death of the testator. If any documentary testament intends to come in
e ect during the life time of the testator, it is not a Will.

4. A Will can be revoked by its maker before his death, Only the last valid
declaration by way of Will of the deceased is operative in law.

5. If any illegal or immoral conditions are imposed by way of Will, then these
conditions shall be void but the Will shall remain valid.

6. Registration of will is not compulsory. An unregistered will is as much e ective

as a registered will.

7. A Will or bequest not expressive of any de nite intention is void for uncertainty.

8. A Will or any part of a Will, the making of which has been caused by fraud or
coercion which takes away the free agency of the testator, is void.

9. A Will must be attested by two independent witnesses who must be witness to

the testator executing the Will.

10. The attesting witness and his/her spouse must not be bene ciary under the
Will otherwise the bequest the act of gifting money or property in a will in their
favour would be invalid. However the validity of other bequests under the Will
not be a ected.

11. A Will can be made on plain paper (need not to be on a stamp paper).

12. No technical language is required for the drafting of Will. The words used
should be clear and unambiguous so as to re ect the clear intention of the testator.

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 Types of Wills:-
Indian Succession Act, 1925 provides for two types of Wills:

1. Privileged Will: Privileged Will can be made by any soldier being employed in an
expedition or engaged in actual warfare, or an airman so employed or engaged, or
any mariner being at sea, may, if he has completed the age of eighteen years. For
example, a soldier serving in the eld against insurgents, is a soldier engaged in
actual warfare, and as such can make a privileged Will Similarly, a medical o cer
attached to a regiment, is actually employed in an expedition. He is a soldier
actually employed in an expedition, and can make a privileged Will. A privileged
Will may be executed in writing or by word of mouth. But, a will made by word of
mouth shall be null at the expiration of one month after the testator, being still
alive, has ceased to be entitled to make a privileged will. The Will may be written
wholly by the testator, with his own hand. In such case it need not be signed or
attested. It may be Written wholly or in part by another person, and signed by the
testator. In such case it need not be attested. If the soldier, airman or mariner has
Written instructions for the preparation of his will but has died before it could be
prepared and executed, such instructions shall be considered to constitute his will

2. Unprivileged Will: A Will by any person other than those entitled to execute
privileged Will is unprivileged Will. The rules relating to execution of unprivileged
Wills are provided by Section 63 of Indian Succession Act, 1925. It shall be signed
or a mark will be a xed by the testator or by any other person by the direction of
the testator. But the signature or mark of the testator, or the signature of the
person signing for him, shall be so placed that it shall appear that it was intended
thereby to give e ect to the writing as a Will. Further, it must be attested at least by
two or more persons.

Codicil
After the Will has been created by the testator, if he seeks to make some
amendments or alterations in his Will like adding some new assets or removing a
bene ciary or changing an executor etc., then it can be done by using a codicil.

Thus, a codicil is a written amendment to a person's Will, which must be dated,

signed and witnessed just as a Will would be, and must make some reference to
the Will it amends. A codicil can add to, subtract from or modify the terms of the
original Will.

Section 2 (b) of the Indian Succession Act, 1925 de nes codicil as “codicil means
an instrument made in relation to a Will, and explaining, altering or adding to its
dispositions, and shall be deemed to form part of the Will."

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 Model Draft
I, Harbans Lal s/o Lt. Sh.Guranditta Mal, aged about 82 years R/o House

No. -=, sector-17, Panchkula, do hereby revoke all my former Wills, Codicils and
Testamentary dispositions made by me. I declare this to be my last Will and
Testament.

I maintain good health, and possess a sound mind. This Will is made by me of
my own independent decision and free volition. I have not been in uenced, cajoled
or coerced in any manner whatsoever.

I own following immovable and movable assets.

1.One SCO No. 31 (Built Up), Sector-9, Panchkula having share of 12.5%.

2. One SCO No. 13, Sector-14, Panchkula having share of 25%.

3. One plot at Godown area Pabhat, Zirakpur, District Mohali having share

of 50%.

4. One residential house No. —, Sector-7, Panchkula.

5. Share Capital as partner in Bajaj Agencies having o ce at Showroom

No. 4, First oor, Sector-20, Chandigarh.

6. Share Capital as partner in M/s Harbans lal Aamir Chand at 6, New Timber
Market, Sector-26, Chandigarh.

7. Cars, cash with certain banks, mutual funds, Jewellery, tax saving bonds,

FDR's shares, debentures, NSC.

All the assets owned by me are self-acquired properties. No one else has any

right, title, interest, claim or demand whatsoever on these assets or properties. I

have full right, absolute power and complete authority on these assets, or in any

other property which may be substituted in their place or places which may be

acquired or received by me hereafter.

I have three sons namely 1) Om Parkash 2) Ashok Kumar, 3) Vijay Kumar and one
daughter namely Mrs Usha Rani w/o Sh.Surinder Khanna. My daughter married
and is living separately with her husband. She has been properly and well provided
for during her marriage. She is therefore not given any share in my properties
under this will.

I hereby give, devise and bequeath all my properties, whether movable or

immovable, in the following manner:

1. One SCO No. 31(Built Up), Sector-9, Panchkula having share of 12.5% to my
Grandson Anuj s/o Sh. Ashok Kumar.

2. One SCO No. 13, Sector-14, Panchkula having share of 25% to my

Grandson Anuj s/o Sh. Ashok Kumar.

3. One plot at Godown area Pabhat, Zirakpur, District Mohali having share of 50%
to my son Ashok Kumar.

4.One residential house No. -, Sector-7, Panchkula to my son Ashok

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 Kumar.

5. Share Capital as partner in Bajaj Agencies having o ce at Showroom No. 4,

First oor, Sector-20, Chandigarh to my son Ashok Kumar.

6. Share Capital as partner in M/s Harbans lal Aamir Chand at 6, New Timber
Market, Sector-26, Chandigarh to my son Ashok Kumar.

7. Cars, cash with certain banks, mutual funds, jewellry, tax saving bonds, FDR's
shares, debentures to my son Ashok Kumar.

My other sons have been already given adequate share in my properties and

I have also helped them nancially to purchase separate properties in their own
name and therefore they are not given any share in my properties under this will.

My wife Smt. Raj Rani is staying with me and my son Ashok Kumar, who is
taking good care. I have also arranged suitable nances for my wife so as to
enable her to live a suitable and comfortable life.

Any assets, movable or immovable, which might be omitted from being

mentioned in this will or which may hereafter be acquired by me shall be taken by

my Grandson Anuj s/o Sh.Ashok Kumar.

IN WITNESS WHEREOF I have hereunto set my hands on this 15'h day of

March 2016 at Panchkula in the presence of the attesting witnesses who have

also given their signatures to it in my presence on the date, month and year herein
above mentioned.

TESTATOR

Signed by the above named testator in our presence at the same time and each of
us, in presence of the testator, signed hereunder as attesting witnesses.

2. Saroj Rani, aged 35 years, R/o #---, Sector-7, Panchkula, Haryana

1. Kamal Kishore, aged 45 years, R/o # -, Sector-9, Panchkula, Haryana.

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