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Wills and Succession
22 documents · Available across Indian states
APPLICATION TO DEPOSIT A WILL WITH THE REG…
The Registrar Date: Subject: Deposit of a sealed cover containing my Will, under Section 42 of the Registration Act, 1908 Sir/Madam, 1. I, , son/daughter/wife of , residing at , tender for deposit the accompanying SEALED COVER. 2. PARTICULARS OF THE COVER Contents : My last Will and Testament dated Superscription : "WILL OF " Tendered by : 3. The said cover has been superscribed with my name and the name of the person tendering it, as required. 4. I request that the cover be received and deposited in your office for safe custody, that the particulars be entered in Book No. 5, and that a receipt be granted to me. 5. I am aware that: (a) I may withdraw the cover at any time during my lifetime by applying in person or through a duly authorised agent; (b) the cover will not be opened during my lifetime except on my application; and (c) after my death, any person claiming to be entitled may apply for it to be opened. 6. I make this deposit of my own free will and while of sound mind. Yours faithfully, DOCUMENTS 1. The sealed cover, superscribed as above 2. Identity and address proof of…
Application to Deposit a Will with the Registrar
Deposit a sealed will with the Registrar for safe custody, so it cannot be lost, hidden or substituted.
DECLARATION AND TRANSFER BY NOMINEE
Executed at on I, , residing at , being the of the late , do hereby declare as follows: 1. That the said died on . 2. THE ASSET RECEIVED Value received: Rs. 3. That I received the above as the registered NOMINEE of the deceased. 4. THAT I ACKNOWLEDGE AND DECLARE that a nomination entitles the nominee to RECEIVE the asset and to give a valid discharge to the institution holding it, but does NOT confer beneficial ownership. I hold the said asset as a trustee for the legal heirs of the deceased, who are beneficially entitled to it under the law of succession. 5. THE LEGAL HEIRS AND THEIR SHARES 6. That I hereby transfer, make over and pay to the persons named above their respective shares in the said asset, and I retain no beneficial interest in it save such share as is due to me in my own capacity as an heir. 7. That I make this declaration voluntarily, in recognition of the rights of the legal heirs, and without any coercion. IN WITNESS WHEREOF I have signed this Declaration on the day, month and year first above written. NOMINEE RECEIPT BY THE LEGAL HEIRS We, the persons named in…
Nominee's Letter Transferring Assets to Legal Heirs
For a nominee who has received an asset and is passing it to the rightful heirs.
DEED OF RENUNCIATION OF EXECUTORSHIP
Executed at on I, , residing at , do hereby declare as follows: 1. That the late died on , having made and executed a Will dated . 2. That by the said Will I was named as an executor thereof. 3. That I have not intermeddled with the estate of the deceased, have not taken possession of or dealt with any part of it, and have done no act which would amount to accepting the office of executor. 4. REASON 5. That I DO HEREBY RENOUNCE the executorship of the said Will, and all right, claim and title to probate thereof, absolutely and unconditionally. 6. That I have no objection to probate or letters of administration with the Will annexed being granted to such other person as may be entitled to apply, and I shall raise no claim to be appointed executor at any time hereafter. 7. That I make this renunciation of my own free will, without any coercion, and with full knowledge of its effect. IN WITNESS WHEREOF I have executed this Deed of Renunciation on the day, month and year first above written. WITNESSES 1. Name: Signature: Address: 2. Name: Signature: Address: RENOUNCE BEFORE YOU TOUCH…
Renunciation of Executorship
Formally decline to act as executor of a will you have been named in.
IN THE COURT OF
CAVEAT UNDER SECTION 284 OF THE INDIAN SUCCESSION ACT, 1925 In the matter of the estate of the late ... CAVEATOR Let nothing be done in the matter of the estate of the late , who died on , to the prejudice of the Caveator, , without notice to the Caveator. 1. THE CAVEATOR'S INTEREST The Caveator is the of the deceased. 2. That the Caveator has an interest in the estate of the deceased and is entitled to be heard before any grant of probate or letters of administration is made. 3. The Caveator therefore enters this caveat, and prays that no grant be made in respect of the estate of the deceased without notice to the Caveator, so that the Caveator may show cause against it. 4. The Caveator undertakes to file an affidavit in support of this caveat within the time prescribed. Place: Date: CAVEATOR Through ADVOCATE ADDRESS FOR SERVICE A CAVEAT BUYS YOU A HEARING, NOT AN OUTCOME Entering a caveat does not challenge the will. It ensures that the court cannot grant probate or letters of administration WITHOUT NOTICE TO YOU, so that you get the chance to object before the grant is made…
Caveat Against Grant of Probate
Stop probate or letters of administration being granted without notice to you.
LAST WILL AND TESTAMENT
OF I, , of , aged about years, residing at , do hereby make, publish and declare this to be my LAST WILL AND TESTAMENT, executed at on . 1. DECLARATION OF CAPACITY AND FREE WILL 1.1 I declare that I am of sound mind, memory and understanding, and that I am making this Will voluntarily, without any coercion, undue influence, fraud or misrepresentation from any person whatsoever. 1.2 I am not, at the time of executing this Will, suffering from any condition that impairs my capacity to understand the nature of this act or the effect of its dispositions. 2. REVOCATION OF EARLIER WILLS I hereby revoke all wills, codicils and testamentary dispositions previously made by me, and declare this to be my only and last Will. 3. APPOINTMENT OF EXECUTOR 3.1 I appoint , residing at , to be the Executor of this Will. 3.2 If the said Executor predeceases me, or is unwilling or unable to act, I appoint to act as Executor in their place. 3.3 The Executor shall have full authority to collect my assets, discharge my lawful debts, funeral expenses and testamentary costs, and thereafter distribute my…
Simple Will
Straightforward will naming beneficiaries for a person's estate.
LEGAL HEIR AFFIDAVIT
I, , residing at , being the of the deceased, do hereby solemnly affirm and declare as follows: 1. That died on . 2. That the following are the only legal heirs of the deceased: 3. That no other person other than those named above is a legal heir of the deceased. 4. That this affidavit is being executed for the purpose of claiming succession rights and for production before the concerned authority. DEPONENT Verified at on that the contents of the above affidavit are true and correct to the best of my knowledge and belief. DEPONENT
Legal Heir Affidavit
Affidavit identifying the legal heirs of a deceased person.
RELINQUISHMENT DEED
This Deed is executed on by , residing at (hereinafter "the Releasor"), in favour of (hereinafter "the Releasee"). WHEREAS the Releasor holds an undivided share in the property described below as a co-owner or legal heir, and has agreed to release the said share in favour of the Releasee. PROPERTY DESCRIBED SHARE RELEASED 1. RELEASE The Releasor hereby releases, relinquishes, and gives up all right, title, claim, and interest in the above share of the property, in favour of the Releasee, for the consideration of . 2. NO FURTHER CLAIM The Releasor confirms that, upon execution of this Deed, the Releasor shall have no further right, title, or claim over the released share. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. RELEASOR RELEASEE
Relinquishment Deed
One heir releases their share in inherited property in favour of other heirs.
CODICIL TO WILL
I, , residing at , being of sound mind, declare this to be a Codicil to my last Will dated . AMENDMENT In all other respects, I confirm my Will dated , which shall continue in force except as amended by this Codicil. Signed by me on in the presence of the witnesses below, who have signed in my presence and in the presence of each other. Testator WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Codicil to Will
Formal amendment to an existing will, without rewriting the entire document.
MUTUAL WILL
We, and , both residing at , being of sound mind, jointly declare this to be our mutual last Will, revoking all earlier wills made by either of us. 1. EXECUTOR We appoint as the Executor of this Will. 2. DISTRIBUTION OF ESTATE We direct that our respective estates be distributed as follows: 3. MUTUAL INTENT This Will is made pursuant to a mutual agreement between us as to how our estates should be distributed, and each of us has made this Will in consideration of the other doing the same. 4. DECLARATION We declare that we are executing this Will voluntarily, without coercion or undue influence. Signed by us on in the presence of the witnesses below. WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Mutual Will
Joint will made by a couple with matching, mutually agreed terms.
SUCCESSION CERTIFICATE PETITION
PETITION FOR SUCCESSION CERTIFICATE UNDER SECTION 372, INDIAN SUCCESSION ACT, 1925 Petitioner: , residing at Respectfully submitted: 1. That died on . 2. That the deceased left behind the following debts and securities, in respect of which the Petitioner seeks a Succession Certificate: . 3. That the Petitioner is a legal heir of the deceased and is entitled to apply for this certificate. PRAYER It is prayed that this Hon'ble Court be pleased to grant a Succession Certificate in favour of the Petitioner in respect of the above debts and securities. PETITIONER Date:
Succession Certificate Petition
Court petition to obtain a succession certificate for a deceased person's debts and securities.
LIVING WILL / ADVANCE MEDICAL DIRECTIVE
I, , residing at , being of sound mind, make this Advance Medical Directive to record my wishes regarding medical treatment should I become unable to communicate them myself, in accordance with the guidelines laid down by the Supreme Court of India in Common Cause v. Union of India. 1. TREATMENT WISHES 2. AUTHORIZED REPRESENTATIVE I authorize to make medical decisions on my behalf, in accordance with the wishes expressed above, should I be unable to do so myself. 3. DECLARATION I make this directive voluntarily, while of sound mind, and intend for it to be honoured by my family and medical providers. Signed by me on in the presence of the witnesses below. WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Living Will / Advance Medical Directive
States your wishes regarding medical treatment if you become unable to communicate them yourself.
GUARDIAN APPOINTMENT DEED
I, , residing at , being the parent of the following minor children: , do hereby declare my wish to appoint a guardian as set out below, in the event of my death or incapacity. 1. APPOINTMENT I appoint , who is my , as guardian of my minor children named above. 2. INTENT This declaration records my wishes for the court's consideration under the Guardians and Wards Act, 1890, and does not itself constitute a court order of guardianship. 3. DECLARATION I make this declaration voluntarily and while of sound mind. Signed by me on in the presence of the witnesses below. WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Guardian Appointment Deed for Minor Children
Names a guardian for your minor children in the event of your death, typically as part of estate planning.
DEED OF REVOCATION OF WILL
I, , residing at , being of sound mind, do hereby revoke my last Will dated , and declare it to be null and void with immediate effect. I intend that my estate shall be distributed as per any subsequent Will I may execute, or, in the absence of one, in accordance with the laws of intestate succession applicable to me. Signed by me on in the presence of the witnesses below. Testator WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Will Revocation Deed
Formally revokes a previously executed Will.
FAMILY SETTLEMENT DEED
This Deed is executed on between the following family members: . WHEREAS the parties jointly hold the assets described below and wish to settle the division of these assets amicably, without recourse to litigation. ASSETS DESCRIBED 1. SETTLEMENT The parties agree to divide the above assets as follows: 2. FULL AND FINAL SETTLEMENT This settlement is in full and final resolution of the parties' respective claims over the assets described above, and no party shall raise any further claim inconsistent with this settlement. 3. VOLUNTARY NATURE The parties confirm that this settlement is entered into voluntarily, without coercion, and in the interest of family harmony. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. (Signatures of all family members named above)
Family Settlement Deed
Records a family's mutually agreed division of jointly held assets, avoiding future disputes among members.
TESTAMENTARY TRUST DEED
I, , being of sound mind, direct that upon my death the following assets shall be held in trust: . 1. TRUSTEE I appoint as Trustee of this trust. 2. BENEFICIARIES 3. PURPOSE AND TERMS 4. TRUSTEE'S POWERS The Trustee shall manage the trust assets prudently and in the interest of the beneficiaries, in accordance with the Indian Trusts Act, 1882, and shall distribute them as directed above. This trust takes effect only upon my death, as part of my Will. Signed by me on in the presence of the witnesses below. WITNESS 1 WITNESS 2 Name: Name: Address: Address:
Testamentary Trust Deed
Sets up a trust that takes effect through a Will, often used to manage assets for minor children or dependents.
PROBATE PETITION
PETITION FOR GRANT OF PROBATE Petitioner: 1. That ("the Deceased") died on , leaving behind a last Will and Testament dated , appointing the Petitioner as executor. 2. That the estate of the Deceased covered by the said Will is described as follows: 3. That the said Will is the last valid Will of the Deceased and has not been revoked. PRAYER It is prayed that this Hon'ble Court be pleased to grant Probate of the said Will dated in favour of the Petitioner. PETITIONER Date:
Probate Petition
Petition seeking a court grant of probate certifying a will as genuine and valid
LETTERS OF ADMINISTRATION PETITION
PETITION FOR LETTERS OF ADMINISTRATION Petitioner: 1. That died intestate (without a will) on , leaving behind the estate described below. 2. That the Petitioner is the of the Deceased and is entitled to apply for Letters of Administration to the estate of the Deceased. 3. Description of estate: PRAYER It is prayed that this Hon'ble Court be pleased to grant Letters of Administration of the estate of the Deceased in favour of the Petitioner. PETITIONER Date:
Letters of Administration Petition
Petition seeking authority to administer the estate of a person who died without a will
NO OBJECTION CERTIFICATE FROM LEGAL HEIRS
We, the undersigned legal heirs of the late : do hereby state that we have no objection to exclusively claiming, holding, and dealing with the following property left behind by the Deceased: We confirm that we relinquish no legal right by signing this NOC other than consenting to the above arrangement, and that this NOC is given out of our own free will, without any coercion. Signed, Date:
No Objection Certificate from Legal Heirs
NOC by legal heirs consenting to another heir's exclusive claim over inherited property
LEGAL HEIR CERTIFICATE APPLICATION
The Tahsildar / Revenue Officer Date: Subject: Application for issue of a Legal Heir Certificate Sir/Madam, 1. I, , residing at , am the of the late . 2. The said expired on at . The death certificate issued by the competent authority is enclosed. 3. The deceased is survived by the following legal heirs: 4. I state that the persons listed above are the only surviving legal heirs of the deceased, and that no other person has any claim to that status. I further state that the deceased has not left any will, to the best of my knowledge. 5. The certificate is required for the following purpose: 6. I request that a Legal Heir Certificate be issued in my favour, recording the names of the legal heirs as stated above. 7. I undertake to furnish any further particulars or documents that may be required, and to appear before the authority as and when called. 8. I declare that the information given above is true and correct to the best of my knowledge and belief, and that I am aware that furnishing false information would render me liable to action in accordance with law. Yours faithfully, of…
Legal Heir Certificate Application
Applies to the Tahsildar or revenue authority for a legal heir certificate
NOMINATION FORM
To, Date: Subject: Nomination in respect of Sir/Madam, 1. PARTICULARS OF THE HOLDER Name : Address : Account/Policy: 2. NOMINATION I hereby nominate the following person to receive the amount standing to my credit, or the asset held in my name, in the event of my death: Name of nominee : Relationship : Date of birth : Address : Share : % 3. WHERE THE NOMINEE IS A MINOR Where the nominee named above is a minor on the date of my death, I appoint to receive the amount or asset on the nominee's behalf during minority. 4. DECLARATIONS 4.1 I am making this nomination of my own free will, without any coercion or undue influence. 4.2 I understand that this nomination supersedes any earlier nomination made by me in respect of the same account or asset. 4.3 I undertake to inform the institution of any change in the particulars stated above, and I reserve the right to vary or cancel this nomination at any time by written intimation. 5. I request that the nomination be registered in the records of the institution and that an acknowledgment be issued to me. Yours faithfully, Signature: WITNESSES…
Nomination Form (General)
Nominates a person to receive an asset — deposits, shares, insurance or provident fund
DEED OF PRIVATE FAMILY TRUST
This DEED OF TRUST is executed on by , residing at (hereinafter "the Settlor"), in favour of the trustees named below. WHEREAS the Settlor is desirous of creating a private trust for the benefit of the beneficiaries named herein, and of settling upon it the property described below; AND WHEREAS the trustees have consented to act as such; NOW THIS DEED WITNESSETH AS FOLLOWS: 1. NAME AND DECLARATION 1.1 The trust hereby created shall be known as "" (the "Trust"). 1.2 The Settlor hereby transfers and settles the property described in Clause 3 upon the trustees, TO HOLD the same upon the trusts and for the purposes declared in this Deed. 2. TRUSTEES The following persons are appointed as the first trustees of the Trust: 3. TRUST PROPERTY The Settlor confirms that the said property is owned by the Settlor absolutely, is free from encumbrance, and is transferred to the Trust irrevocably. 4. BENEFICIARIES 5. OBJECTS OF THE TRUST 6. POWERS OF THE TRUSTEES The trustees shall have power to: 6.1 hold, manage, invest and reinvest the trust property; 6.2 open and operate bank accounts in the…
Family Trust Deed
Creates a private family trust to hold and manage assets for named beneficiaries
ASSET AND DOCUMENT REGISTER
Prepared by: Address: Date: PURPOSE This document is a personal record prepared so that my family and legal heirs can locate my assets, accounts and documents without difficulty. IT IS NOT A WILL, and it does not decide who inherits anything. It is a finding aid only. 1. BANK ACCOUNTS 2. INVESTMENTS AND DEPOSITS 3. INSURANCE POLICIES 4. IMMOVABLE PROPERTY 5. LIABILITIES AND LOANS 6. DIGITAL ACCOUNTS 7. LOCATION OF MY WILL 8. PERSON TO CONTACT DECLARATION The particulars recorded above are true as at the date of this document. I undertake to review and update this register periodically, as assets are acquired or disposed of. Date: IMPORTANT — READ THIS 1. THIS IS NOT A WILL. It records where things ARE, not who GETS them. A document of this kind cannot dispose of property, and it has no testamentary effect whatsoever. If you want to decide who inherits your assets, make a will — this register sits alongside one, it does not replace it. 2. DO NOT WRITE PASSWORDS, PINs OR ACCOUNT PASSWORDS IN THIS DOCUMENT. Record only where the credentials are kept — a password manager, a sealed…
Asset and Document Register for Heirs
A personal record of assets, accounts and documents so heirs can locate them
