Joint will of husband and wife
One will for a couple: each one's property goes to the survivor, then to the children; an executor and two witnesses.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
JOINT WILL
We, Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab, and Sukhwinder Kaur wife of Shri Vikram Singh, aged about 49 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab, husband and wife, both of sound mind and in good health, acting of our own free will and without any pressure or influence, make this our joint will. Each of us revokes every will and codicil made by him or her earlier.
1.That the property of Vikram Singh is as follows: House No. 45, Gulab Colony, Amarnagar, built on 150 square yards, and agricultural land measuring 8 kanal in Khewat No. 81, Village Kalyanpur, Tehsil and District Amarnagar.
2.That the property of Sukhwinder Kaur is as follows: her gold jewellery, and the fixed deposits in her name with Amar Bank, Main Branch, Amarnagar.
3.That the following property is owned by both of us jointly: Shop No. 3, Main Bazaar, Amarnagar (property ID AMR-000125), held by us in equal shares.
4.That this will shall take effect on the death of each of us as the will of that one, in respect of his or her own property and his or her share in our joint property.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Both spouses' Aadhaar cards or other photo identity proofs (photocopies; the originals to show)
- A list of each one's property and of what you own jointly: registries, jamabandi (fard), and bank and other accounts
- The full name, relation and address of the children or others who are to receive the property, and of the executor
- Two witnesses who take nothing under the will (nor do their husbands or wives), each with a photo identity proof
- Recent passport-size photographs of both, if the will is to be registered
Where to go
Both spouses sign in the presence of two witnesses, who sign in their presence. It needs no stamp paper. Registration is optional: if wanted, both go in person with the witnesses to the Sub-Registrar's office.
Fee
No stamp duty is payable on a will. If it is registered, the Sub-Registrar's registration fee is paid there; ask for today's amount. The deed writer's or lawyer's fee is separate.
Good to know
- Keep the original safe and tell the executor or a trusted person where it is; a will can also be deposited with the Registrar in a sealed cover (s.42 Registration Act).
- Either of you may change your own part while both are alive, after telling the other in writing; after the first death a change may be disputed, so ask a lawyer first.
- Separate wills for each spouse are often simpler to prove; ask a lawyer if your property or family situation is complicated.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
A will needs no stamp paper. Registration is optional but advisable; two witnesses must sign.