Legal validity of Will is one thing, Court procedure another. Any other claimant is given opportunity to contest the Will. What Courts do is not seek affidavits from parties , but advertise and give opportunity to anybody to contest it. more  

Mr. Upadhyay, There is no fixed format for a will. You don't even need a lawyer to draft it. Just write your will on plain paper. However, it will be considered valid only when it has your signature or thumb impression and has signatures of two witnesses certifying that it is your will. For your better understanding, a will has several parts, which duly completed, make up a complete Will. Though there is no legal or defined format, there is a template, which has been generally used for ages. Please consider some important points while creating a will. Step 1 : Declaration in the beginning : In the first paragraph, you have to declare that you are making this will in your full senses and free from any kind of pressure. You have to mention your name, address, age, etc at the time of writing the will so that it confirms that you really are, in your senses. Step 2 : Details of Property and Documents : The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by you. You must also indicate, where all these documents are stored by you. In all probability, these are in your bank safe deposit box. Even the will should be stored in there! Make sure, you take the details from the bank manager, about the procedure and rules of releasing your will from the safe deposit after your death. Make sure you communicate it to the executor of the Will or your family members . Step 3: Details of ownership : At the end of the will, you should mention who should own your assets items and in what proportion, after you have gone. If you are giving your assets to a minor, make sure you appoint a custodian of your assets till the individual you have selected, reaches an adult age. This custodian obviously, has to be a trustworthy person. Step 4 : Signing the Will : At the end, once you complete writing your will, you must sign the will very carefully in presence of at least two independent witnesses, who have to sign after your signature, certifying that you have signed the will in their presence. The date and place, also must be indicated clearly at the bottom of the will. Make sure you and the witnesses sign all the pages of the will. One important point while choosing witness, is that they should be your friends, neighbors, or your colleagues and not the direct beneficiaries in the Will. They only certify, that you yourself have signed the will in their presence and are not a party in making the will in India. The envelope has to be sealed after completing all the formalities and the seal must bear your signature and the date of sealing. The witnesses need not sign on the seal of the envelope. Precautions: (i) If possible, have the two witnesses be a doctor and a lawyer. (ii) The attesting witness and his or her spouse should not be a beneficiary under the terms of your Will. This might create vested interests and some times make your will invalid. (iii) In case of Hindus, it should be clearly stated if the property is inherited or not, because it makes a huge difference, as no ancestral property can be assigned to any person through a will. All rights on inherited property are acquired by birth. So if you inherited a property from your Father, you cannot say in a will, that you want to assign it to person X only! It will go to all your legal heirs as it is “Inherited” (iv) You can change your will any time you want to. However, make sure that when you make a new will, you mention that this will is the latest and supersedes all earlier wills. (v) Though, it is not legally required to get the will registered before Sub-Registrar. However, it is advisable to have the Will registered to give it a legal sanctity. Regards more  

Dear Mr. Ravi, In my opinion, A will should be drafted by an Advocate or solicitor, and the same should be registered with the office of Sub-Registrar. You can also appoint an executor of the will as well in will itself who will distribute the as per the will of testator. Mr. Prithvi, Will can not be made of a disputed property or the property of which you are not absolute owner at the time of executing the will. The role of the court is to grant probate of the will after the demise of Testator. Mr. Kanwarjit, your question is not clear. However I would like to answer in this way that When the will is not registered you have to get the probate of the said will in either case. However to prove the registered will is easy and less time taking. Will is always executed after the demise of the said person as he can change his will any time as the opening word of a will is that "this is my last will....." and so on. If the will whether registered or unregistered is challenged you can not get probate or letter of administration and the same can not be mutated to handed over to you. For further enquiry you can discuss with me on my number 9312226308. more  

Approach your nearest SDM office. Will are registered there. more  

after respecting all comments, I will suggest you to get will written in proper formate, on duly stamped paper, in presence of witnesses , & registered. for help & legal assistance so as to avoid any future problem you may call me on 9891507137. Adv Avdhesh Chaudhary more