The Last Will and Testament of Mr.
[●]
I, [●], of Bombay Indian Inhabitant residing at [●], do hereby declare
this to be my Last Will and Testament. I revoke all my pervious Wills
and declare this to be my Last Will and Testament. I have not made
any other Will or Wills or codicil or codicils but if however any other
Will or Wills or codicil or codicils are found I hereby revoke all such
will or wills, codicil or codicils and declare this to be my Last Will and
Testament.
1. I appoint my wife [●], my daughter [●] and my son [●] to be the
joint Executors and Trustees of this my Will.
2. My estate consists of interalia both immovable and moveable
properties. As regards my immovable property, I am the
absolute owner of my Residential Flat being Flat No. [●], located at
(hereinafter referred to as the ‘said flat’). My moveable
properties consist of cash and bank balances and investments
and fixed deposits, details of which are as follows:
-dd
-dd
-dd
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- a fixed deposit of Rs. 10,00,000/- (Rupees ten lakhs only) with
the Bank of India, [●] and
- miscellaneous articles of furniture and fixtures located in my
said flat ____________.
3. My Executors and Trustees shall pay all my death-bed
expenses out of my estate as they may determine.
4. I give, devise and bequeath my said flat jointly to my wife, [●].
By mutual consent of all three, the said flat may be sold (and
my son [●] will lead the efforts to sell the said flat) but the said
flat shall be sold on mutually agreed price and terms as the
three of them may decide, provided that my wife [●] is provided
a permanent alternate accommodation as per her wishes from
the proceeds of the sale of my said flat. It is expressly clarified
that in such circumstances, my wife will be entitled to utilize
more than her 1/3rd share from the proceeds of the said flat to
purchase such permanent alternate accommodation as per her
wishes.
5. This permanent alternate accommodation which my wife
acquires under clause 4 above, shall belong to my two children
jointly in equal proportions after my wife’s demise and my
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children shall have the right to deal with this property in any
manner they may mutually decide.
6. As long as my wife, [●] lives in the said flat and she does not
consent to sale or other disposition of the said flat, the said flat
shall not be sold or dealt with in any manner that may cause
prejudice to my wife’s possession, use, occupation and
ownership of her undivided share therein.
7. On the demise of my wife, [●], my daughter [●] and my son [●]
shall be equally entitled to my wife’s share in the said flat (if the
said flat is not sold) and thereafter my daughter and my son
shall mutually decide to deal with the said flat in any manner
they jointly decide. In case of any disagreement about the said
flat and if either of them wants to sell the said flat, the said flat
shall be sold on the price and terms as may be mutually agreed
between my son and my daughter within one year of such
disagreement (and my son [●] will lead the efforts to sell the
said flat). The proceeds of the sale of the said flat shall be
distributed equally between my daughter [●] and my son [●]. I
would like to express my desire that in the event of the demise
of any one or more of my children, the right to sell the said flat
shall devolve upon their respective children.
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8. The executors shall make the following payments out of my
estate within one year from the date of my demise: -
9. [●]The following further payments shall be made by my
executors from my estate on a pro rata basis:
a. A sum of Rs. ---------/- to my wife __________.
b. A sum of Rs. --------/- to my daughter ___________.
c. A sum of Rs. --------/- to my son _________
10. My remaining moveable assets consisting of cash and bank
balances, fixed deposits, investments etc shall after payment of
the aforesaid amounts be distributed equally between my son
and my daughter. As regards my other moveable assets for eg;
the furniture and fixtures located in my flat, chandeliers,
carpets, paintings and other similar artifacts shall be dealt with
in any manner that my son and my daughter mutually agree. If
these are agreed to be sold then the price and the terms shall
be mutually agreed upon by my son and my daughter and my
daughter shall lead the effort for such sale.
11. I hereby declare and state that this my Will is made by me
under my own free will and consent.
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IN WITNESS WHEREOF I have hereto and hereunto set my hand at
Mumbai this __ day of -------
SIGNED BY THE WITHINNAMED )
____________________________ )
as his Last Will and Testament in the presence )
of us both being present at the same time and )
who at his request and in his presence and in ) _________
his presence and in the presence of each other )
have hereunto subscribed our names as )
WITNESSES:
(1) Name: ___________________ ) _________
Address: )
(2) Name: __________________ ) _________
Address: )
