‘A will can avoid family disputes’

NAGPUR: Retired judge Madhav Kukde emphasized the importance of preparing a will, a legal document wherein a persons declares about allocation of his assets and other decisions to be taken after death, to avoid legal disputes in a family. He explained this at a programme organized by Rotary Club of Nagpur Fort on 'Importance of will' held at Nagpur Vidarbha Chamber of Commerce, Civil Lines, on Saturday.
The session was followed by a question and answer segment where Kukde explored the topic from all angles and suggested solutions.

"A will is a legal document that dictates how you want your assets to be distributed after you die. It is a fluid document because it has no effect until you die and you can change it whenever you want," said Kukde.

According to him, people should prepare a will as it would avoid disputes in family which occur during distribution of property. "Moreover, it is essential that the assets you have accumulated with hard work through life go to the appropriate people after your death," he said.

Kukde further explained that a will would be considered valid only if it is prepared in the presence of two witnesses whose signatures are present on the document. "They also should have seen the testator signing the document, failing to which the will would become void. The will can be modified and changes can be made anytime.

"No technical words are required while writing a will. It is not mandatory to register the document as per law. The decision is left with the testator. There is no stamp duty payable," he said.

If one chooses to register a will, it is an evidence that the parties had appeared before the registrar's office. "Details of the will should be kept under safe custody of the registrar and cannot be tampered, destroyed, mutilated or stolen. However, non-registration of a will does not lead to any inference against its genuineness. It doesn't have to be executed before a notary," added Kukde.

He further highlighted the different categories of will and said that transfer to unborn persons would be invalid. "Hearing, speech or visually impaired persons too can make a will if they are capable of understanding or knowing what they mean by it," he said.