Disclaimer: This Will template is a sample provided only for general understanding and drafting reference. Property situations vary, and individuals should consult qualified legal professionals.
Purpose Of This Will
A Will for House/Property Distribution is used when a person wants to clearly decide who gets which part of their house, land, or other property after their death.
It prevents disputes like:
- "Who gets the first floor?"
- "Who owns the agricultural plot?"
- "Who controls the ancestral house?"
When a Person Should Make This Will
- When you own any immovable property (house, flat, plot, agricultural land).
- When you want to distribute different portions to different heirs. Example: First floor to daughter, ground floor to son.
- After major life changes such as marriage, divorce, buying new property, or death of an existing heir.
Stamp Duty/Registration Requirements
- Making a Will requires no Stamp duty.
- Registration is optional, not mandatory.
- Even an unregistered Will is legally valid if properly signed and witnessed.
- Registration only adds extra safety against tampering.
Example:
- A handwritten Will at home, signed and with 2 witnesses, is valid.
- Registered Will at Sub-Registrar, is valid and stronger evidence.
Legal Requirements for a Valid Will
- The testator signs it.
- Two witnesses sign in the presence of the testator.
- Testator must be above 18, of sound mind, and not forced or pressured.
If Someone Wants To Make It Without An Advocate
Do This:
- Use clear language ("I give first floor to my daughter").
- Add full property details (Khata, Plot, Area).
- Include two witnesses who know you and are not beneficiaries.
- Keep the date, place, and signature correct.
- Store the Will safely (locker, bank vault).
Do NOT Do This:
- Do not use vague terms ("My children will share the house equally" without describing portions).
- Do not allow a beneficiary to act as a witness.
- Do not keep blank spaces.
- Do not tear pages, attach loose sheets, or use pencil.
Will Submission to Court
- A Will is NOT submitted to any court during your lifetime.
- It is brought to court only after your death, but only if probate is required (mostly in metros like Mumbai, Chennai, and Kolkata).
- Even then, a properly signed Will is acceptable to the court.
Other Important Points
- Testator can change or cancel the Will anytime.
- Last Will always wins.
- Mention the executor clearly to avoid fights.
- Attach a list of movable items if needed (jewellery, deposits, vehicles).
- Store digital copies but sign the physical original.
IMPORTANT FAQs
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1. Can a Will be handwritten?
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Yes. A handwritten Will is valid if signed and witnessed.
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2. Does a Will need two witnesses?
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Yes. Mandatory. Without them, the Will collapses like a badly built balcony.
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3. Can family members be witnesses?
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Yes, but they should not be beneficiaries.
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4. Is registration compulsory?
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No. Optional.
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5. Can I change my Will later?
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Yes. Make a new Will or add a codicil. Date it clearly.
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6. Does a Will override family property rights?
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Yes, for self-acquired property.
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7. What if the testator is bedridden?
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Still valid if they sign (or give thumb impression) and witnesses confirm mental soundness.
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8. Can an NRI make a Will for Indian property?
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Yes. Witness rules remain the same.
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9. Can a digital/scanned Will be valid?
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No. A physically signed Will is required. Scans are backups only.
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10. What happens if witnesses die later?
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Will remains valid. Court may call other evidence.
Downloads & Resources
Legal Affidavit Document
WILL FOR HOUSE / PROPERTY DISTRIBUTION
This is the LAST WILL and TESTAMENT executed on this ____ day of __________ 20___ (Two Thousand and ________) by me, Sri/Smt. _________________________, Aged about ____ years, Son/Daughter/Wife of _________________________, _____________ by caste, __________________ by profession, permanent resident of Village _____________________, P.O.- _____________________, P.S.- _____________________, District - ________________, at present residing at _____________________, P.O.- _____________________, P.S.- _____________________, District - ________________, Aadhar No. ________________, Mobile No. __________________.
Out of my own free will and in a fully disposing state of mind and without any coercion or undue influence from anybody, I declare this to be my last Will.
That I am now aged about ______ years, and I am anxious that after my lifetime, all my properties—whether movable or immovable—and all my interest in the immovable properties belonging to me should devolve smoothly according to my desires set out in this Will, in order to avoid future legal complications.
That the immovable properties more fully described under the SCHEDULE OF PROPERTY stand recorded in my name (jointly with __________________, if applicable), and I have been in peaceful possession and enjoyment of the said properties without interruption or encumbrance of any kind.
That I give, devise and bequeath the following portions of my house/property as a part and parcel of the immovable properties more fully described in the schedule hereunder to Sri/Smt. ____________________________________, aged about ____ years, Son/Daughter/Wife of Late/Shri _____________________________, permanent resident of Village _____________________, P.O.- _____________________, P.S.- _____________________, District - ________________, at present residing at _____________________, P.O.- _____________________, P.S.- _____________________, District - ________________, Profession: __________________.
He/She shall be the absolute owner of the specific share/portion bequeathed to him/her and shall stand possessed of the said property on and by reason of my death, and he/she shall be the sole executrix/executor of this Will.
That no other person shall have any right, title, or interest in the specific portion/property bequeathed under this Will.
Further, I give, devise and bequeath all my remaining movable properties that I may leave behind after my death to _____________________________________________.
That none of my legal heirs or successors shall have any claim over the bequeathed properties after my death, and any such claim shall be devoid of merit and not sustainable under this Will.
That this final Will shall come into effect on the day and by reason of my death, and I reserve the right to cancel, modify, or alter any or all of the conditions of this Will whenever I find it necessary.
That as long as I am alive, the entire property made Will of and mentioned hereunder shall remain in my exclusive ownership, and I shall enjoy all inherent and incidental rights thereto.
SCHEDULE OF PROPERTY
- DISTRICT:
- MOUZA:
- THANA NO.:
- TAHASIL:
- P.S.:
- KHATA NO.:
- PLOT NO.:
- AREA:
- KISSAM:
- (Linear measurement, if any)
***** All the properties can be added one by one, District-wise, tehsil-wise, Khata-wise and Plot-wise. *****
Devised and bequeathed all my right, title and interest to _____________________________________, as above, to be enjoyed as his/her absolute property on and by reason of my death.
Signed by ________________________________________, the TESTATOR, and acknowledged by him/her to be his/her last Will and Testament in the presence of the witnesses present at the same time, who at his/her request and in his/her presence and in the presence of each other have subscribed their names as witnesses.
Subscribed his/her hand/signature after the content of this Will was read over and explained to him/her in vernacular language in the presence of the following two witnesses.
Date: ___________
TESTATOR
WITNESSES:
- Signature: __________________
Name: _______________________
Son of: ______________________
Address: _____________________ - Signature: __________________
Name: _______________________
Son of: ______________________
Address: _____________________
This Document is prepared by: __________________
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