CHANAKYA NATIONAL LAW UNIVERSITY

A Project work on

“DRAFTING OF WILL AND CODICILE”

SUBMITTED BY: MD.ESHTYAQUE ALI

ROLL NO. 943
4th YEAR B.A. LL.B (HONS.)

SUBMITTED TO : B.R.N.SHARMA
Faculty of D.P.C

1
 ACKNOWLEDGEMENT

The present project on the ‘Drafting of Will and Codicile’ has been able to get its final shape
with the support and help of people from various quarters. My sincere thanks go to all the
members without whom the study could not have come to its present state. I am proud to acknowledge
gratitude to the individuals during my study and without whom the study may not be completed.
I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Prof.B.R.N.Sharna, Faculty for
D.P.C , Chanakya National Law University for helping me in my project. I am also thankful to
the whole Chanakya National Law University family that provided me all the material I required
for the project. I would also like to thank my parents without whose blessings the completion of this
project was not possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the
project.
MD ESHTYAQUE ALI
ROLL NO. 943
8th Semester

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 RESEARCH METHODOLOGY

Method of Research:
The researcher has adopted a purely doctrinal method of research. The researcher has made extensive use of the
library at the Chanakya National Law University and also the internet sources.

Sources of Data:
The following secondary sources of data have been used in the project-
1. Books
2. Websites

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research paper.

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 CONTENTS

1. INTRODUCTION 5-6

2. ESSENTIAL OF WILL 7-8

3. CONSTRUCTION OF WILL 9-11

4 CONCLUSION 12-13

MODEL FORM OF WILL 14-17

BIBLIOGRAPHY 18

4
1 INTRODUCTION

CONCEPT OF WILL

Will 'is the legal instrument whereby a person declares what is to be done with his property after
his death. Will means the legal declaration of the intentions of the testator with respect to his
property which he desires to be carried into effect after his death." 1Will shall include a codicil
and every writing making a voluntary posthumous disposition of property2.

Who can make a Will.—Every person who is of a sound mind but not a minor can dispose of
his property by will. A married woman may dispose, by will, of any property which she could
alienate by her own act during life. Persons who are deaf or dumb or blind, are not thereby
incapacitated for making a will, if they are able to know what they do by it. One who is
ordinarily insane may make a will during an interval in which he is of sound mind. No person
can make a will while he is in such a state of mind, whether arising from drunkenness or from
illness, or from any other cause that he does not know what he is doing.

Codicil.—Section 2(b) of the Indian Succession Act defines "Codicil". "Codicil" means an
instrument made in relation to a will, and explaining, altering or adding to its dispositions, and
shall be deemed to form part of the will." This word is derived from the Roman word
"codicillus" meaning an informal will. According to the definition three things are evident (1)
that a codicil cannot be oral but must be an instrument, (2) it must have been made in relation to
a will which has already come into existence, and (3) that its object is to explain, alter or add to
the dispositions under the will.

Purpose of a codicil.--The purpose of a codicil is to make some slight changes in a will which
has already been executed, though major alterations will not invalidate its dispositions. In
practice, however, a new will is executed by testator if he desires to make substantial changes,
either in the bequests or in the legatees or the persons who are named Originally as executors.
Generally a codicil is in the same form as a will.

Construction of a codicil.—Generally the same principles are applied by the courts in

construing a codicil as in the case of a will. The will of a testator and all the codicils he may have
executed, if more than One) will be read together as one testamentary disposition. In order to
explain the will or any codicil, it is important to arrive at the intention of the testator by reading
the will and all the codicils.

Where the language of will is open to two constructions, the codicils will be looked into in order
to arrive at the true meaning and intention of the testator3. Where there is a will followed by a

1
[See Indian Succession Act, 1925, Sec. 2(h); Hindu Wills Act, 1870, Sec. 3].
2
[Section 3(57), General Clauses Act, 1897
3
. [Jenkins v. Stewart, (1906) 3 CLIt 7991.

5
codicil later on, the court may consider the recital of the terms of the will contained in the codicil
and alter the construction of the will by the help of the codicil.

Where the interpretation of the will is doubtful, the language of the will may be interpreted by
that, of the codicil4.

A codicil is similar to a will and is governed by the same rules as a will. A document is called a
codicil if it is supplementary to a will by adding, varying or revoking provisions in the will. A
codicil may be endorsed on the original will itself, or it may be a separate document. A codicil is
not to disturb the provisions of the will any more than is absolutely necessary to give effect to the
provisions of the codicil.

The words 'shall be deemed to form part of the will' only emphasise the dependant character of
the codicil. The codicil shall be deemed to be part of the will only in the matter of explaining,
altering or adding to the will. It must be noted that the object of the codicil is to explain, alter and
add effectively, and it should not be construed as if by being deemed as to be part of the will, the
desired effect cannot arise.

A codicil is different from a later independent will, which is completely independent of, and not
in any way conditioned by the validity or otherwise of the earlier will. It is always safe to start
with a presumption that a later testamentary disposition is a new will. A codicil properly attested
and executed is entitled to probate, though it refers to an unattested will.

Executor.-Section 2(c) of the Indian Succession Act defines : "executor means a person to
whom the execution of the last will of a deceased person is, by the testator's appointment,
confided."

The definition makes it clear that an executor owes his position as such to an appointment by the
testator. An executor is to be distinguished from an administrator. The former is appointed by the
will, while an administrator is appointed by the court.

Probate.--Under Section 2(f) of the Indian Succession Act, "probate" means the copy of a will
certified under the seal of a court of competent jurisdiction with a grant of administration to the
estate of the testator."

Copy of the will and copy of the grant of administration of the testator's estate together form the
probate. Though the executor derives his title from the will and not the probate, still the probate
is the only proper evidence of the executor's appointment. It is conclusive so long as it is
unrevoked as to the appointment of the executor and the due execution of the will. The grant of
probate to the executor does not confer upon him any title to the Property which the testator
himself had no right to dispose of, but only Perfects the representative title of the executor to the
property which did belong to the testator and over which he had a disposing power.

4
. [Rameshwar v. Balraj, AIR 1932 Oudh 327

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2 Essentials of a Will.—The definition of a Will lays down three essentials :

(1) It must be a legal declaration of the testator's intention:

(2) that declaration must be with respect to his property; and

(3) the desire of the testator, i.e., the person who makes the Will, that the said declaration should
be effectuated after his death and must also be there.

Law requires and prescribes forms and formalities to be complied with. Unless those formalities
are complied with, there cannot be a legal declaration. The document must be signed and it must
be attested as required by law. A declaration in a document which is unsigned or unattested
would not be a legal declaration.

The second requirement of the definition rules out declarations which have nothing to do with
the testator's property. The declaration of intention must be with respect to the testator's property
Thus, an authority to adopt given by a deceased to his wife to be exercised by her after his death
is not a 'will'.

There must be a disposition of property under the document. Where a document called 'will' by a
Hindu testator only gave his wife authority to adopt, without giving her anything else in his
properties, the character of a will is not established. There must be disposition of property.5
Where there is no disposition of the property but a mere appointment of a successor (as a
mahant), it is not a will.6

Under the Hindu Disposition of Property Act, 1916, the bar of transfer in favour of unborn
person has been lifted subject, however, to the limitation that the disposition by transfer inter
vivos shall be bound by the provisions of Chapter II of the T.P. Act, 1882 and disposition by will
shall be subject to the provisions of Sections 113, 114, 115 and 116 of the Indian Succession Act,
1925.7

Third condition, namely, the desire to give effect to the declaration posthumously. The document
should express a desire that his intention must be carried into effect after his death. The intention
of the testator must be expressed in clear words in order that the same might be given effect to
after his death.

There must be express words of bequest. However, it might be that a testator inadvertently omits
to express his intention to make a gift, but there may be recitals showing that the testator is under
the impression that he has made a disposition in evidence of an intention. In such cases, if the

5
[Jagannatha Bheema Deo v. Kunj Behari Deo, AIR 1922 PC 162(2)]
6
[Ram Math. v. Ram Aragina, AIR 1962 Pat. 481.]
7
. [Padmabati Sen v. Prem C/zand Sen, (1944) 1 TILR 485 (Cal) (DB)].

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court is satisfied that there has been a mistake in carrying out the testator's intention, the court
may give effect to such intention if the other provisions of the will, will allow this to be done.8.

Testament- The word "Will" in English corresponds to the expression "Testament" meaning
Testio mentis or determination of mind. It is the translation of the Latin word ‘Voluntas’ which
was used by the Romans to express the intention of the testator.

Will, its characteristics- The definition of a will is that it is a declaration whereunder a person
makes a disposition of his properties to take effect after his death and which is in its own nature
ambulatory and revocable during his life-time. The word "Will" has a well-understood
significance as meaning a disposition which is to take effect on the death of the person. A will is
dependent on the testator's death for its vigour and effect. A deed taking effect in life-time of
executor and made irrevocable and fait accompli and styled as settlement is not a will.9 Where
certain formalities are required by statute for making a declaration regarding his intention, then
in case where those formalities are not complied with, the document cannot constitute a valid
will.

Revocation of Will-A will is liable to be revoked or altered by the maker of it at any time when
he is competent to dispose of his property by will. A testamentary intention is, therefore,
ambulatory till death and a will in its nature is a revocable instrument. The making of a will is
but the inception of it and it does not take effect till the death of the testator.

It is indisputable that the instrument which is sought to be propounded as a will must contain the
legal declaration of the intention of the testator with respect to his property. If what is sought to
be disposed of by the deceased by the instrument in question is not property, the instrument
cannot be regarded as a will.10

The essential characteristic of a will is that it is a mere declaration of an intention so long as the
testator is alive, a declaration that may be revoked or varied according to the variations in his
intention, a disposition that requires the testator's death for its consummation and is but
ambulatory or without fixed effect until the happening of that event11 and confers no right or
interest during life-time of the testator.12

The two characteristics of a will, therefore are : (1) that it must be intended to come into effect
after the death of the testator; and (2) that it must be revocable.

8
[Krishnarnurthi v. Venhataramanappa, 60 LW 567
9
[Ramaswarni Naidu v. M.S. Velappan, (1979) 2 Mad IA 88 (93)]
10
[Bai Jabu Khima v. Ama rdas Balakdas, AIR 1967 Guj. 214.]
11
[Parvathy v. Ramalakshmi Ammal, AIR 1956 TC 127]
12
[Rajeev Kumar v. State of UP, 1979 All LR 151

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3 Construction of a Will

Apart from any statutory requirement as to execution and attestation, no technical words are
necessary for a will and the form of the will is also immaterial. It is enough if the document
embodies the legal declaration of the intention of the testator with respect to his property or any
portion of it which he desires to be carried into effect after his death. The mere use of the word
"Will" in the declaration cannot make it a will if it does not amount to a testamentary disposition,
just as the absence of that word cannot make it a will if there is a testamentary disposition of the
property. What is necessary is that the will must make a disposition of the testator's property and
the declaration Regarding the disposition must be in accordance with the provisions of the law.
An unprivileged will can only be made in accordance with Section 63 of the Indian Sucession
Act. One of the essential characteristics of a will is that it must be revocable during the life-time
of the testator, for its irrevocability would be inconsistent with its being a will. Hence where
aperson who has deposited money with a Fund fills in a form provided by the fund, thereby
intending another person as the person entitled to receive the money alter death, the form
amounts to a will for that limited purpose, per it is duly executed and attested as a will13.

Expert advise- While Preparing a will, it is advisable to have an advice of a legal counsel and
drafting of a will should be entrusted to him. The importance to testators of having their wills
drawn by Attorney-at-law who are qualified by special knowledge of property rights,
testamentary distribution, the creation of trust estates, cannot be too strongly emphasised.

Proper execution of will. From the judicial verdicts, the position which ,emerges for holding
proper execution of the will is that—(a) the testator must, have a disposing mind free from all
extraneous influences with sound mental mind; (b) the testator is presumed to be sane having a
mental capacity to make at valid will until contrary is proved; (c) the will should be executed in
accordance with the provisions of the Act as incorporated in Sections 63 of the Act i.e. Indian
Succession Act, 1925 read with Sections 67 and 68 of the Evidence Act. In other words, the
testator should have signed or affixed his mark to the will in the presence of the two witnesses
who are required to see the testator signing or affixing his mark on the will each of the witnesses
should sign in the presence of the testator;

(d) the onus of proof of the will is cm the propounder or beneficiary of the will;

(e) the existence of suspicious circumstances make the onus of proof very heavy and such
circumstances are required to be removed by the propounder before the document is accepted as
a last will of the testator;

(f) the mode (it proving the will does not ordinarily differ from that of proving any other
document except the special circumstances as incorporated in Section 63 of the Succession Act;
and

13
Venkatarama Iyer v Sundarambai AIR I 940 Bom 40

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(g) in order to ascertain the free disposing mind free from extraneous considerations, the whole
of the attending. circumstances In a particular case are required to be taken note of14.

Formal requisites.—The right to dispose of the property by will is a creature of statute and is
subject to legislative control.

Statutes prescribe the observance of certain formalities in the execution of' wills, which are
intended to prevent fraud and uncertainty in the testamentary dispositions of property, by
rendering it certain that the testator is cognizant of the nature of the instrument which he signs.

The purpose of statutes prescribing formalities for the execution of wills is to guard against and
prevent mistake, imposition, undue influence, fraud Or deception and not to restrain the power of
testators to dispose of their property.

The Indian Law is contained in Section 63, Indian Succession Act, 1925 which lays down :

"63. Execution of unprivileged wills.—Every testator, not being a soldier employed in an

expedition nor engaged in actual warfare, or an airman so employed or engaged, or a mariner at
sea, shall execute his will according to the following rules :

(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other
person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be
so placed that it shall appear that it was intended thereby to give effect to the writing as a will.

(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign
or affix his mark to the will or has seen some other person sign the will, in the presence and by
the direction of the testator, or has received from the testator a personal acknowledgment of his
signature or mark, or of the signature of such other person, and each of the witnesses shall sign
the will in the presence of the testator, but it shall not be necessary that more than one witness be
present at the same time, and no particular form of attestation shall be necessary."

This section is applicable to Hindu wills also. So an unprivileged will in India by all persons
except Mohammedans can only be made in conformity with Section 63, Indian Succession Act15.

This Section 63 has no retrospective operation. Consequently it cannot affect the validity of the
wills before the Act of 1925 came into force16.

14
[Smt. Bhagya Willi v. General Public, (1994) 1 HLR 398 at 406 (P H) (DB))
15
Venkatarama v. Sundarambal, AIR 1940 Born 400
16
. [Hazara Singh v. Banta Singh, AIR 1960 Punj, 257

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 The section says that the testator shall 'execute' the will. 'Execute' means the acts that go to
complete a will. To execute a will is to comply with the formalities prescribed by the statute for
bringing into existence a valid will.

The first requisite is that will must be in writing, otherwise the other requirements of signature,
execution and attestation expressly enjoined in the section cannot be complied with. Any form of
writing,typewriting, printing and the like may be used, No special formality of language is
insisted upon, The words used must be intelligible and clear by law. to prevent any
misinterpretation. No particular form is required

Instructions duly signed and witnessed could be probated as a will. The second requisite under
the Indian Statute is that the testator (a) shall sign or affix his mark to the will; or (b) the will
shall be signed by some other person in his presence and by his direction; and (c) such signature
or mark referred to in (a) and (b) above, must be so placed as to show that it was thereby
intended to give effect to the will.

The purpose of the statutory requirement of a signature is two-fold. It is to identify the testator
and authenticate the document.17

Signature of the testator in a will is a vital matter which requires to be proved. It is true that the
evidence insisted by law is that of the attestators, If there is anything suspicious in the signature,
evidence of an attestator who attests the signature can certainly be corroborated or contradicted
by expert opinion.18

The signature may be made in any way i.e. mere initials, a facsimile, a mark, a thumb-impression
or a signature in a previously assumed name has been held to be sufficient.19

It is now a settled principle of law that a will is not rendered invalid by the circumstance that the
signature is placed among the words of the testamentary clause or of the clause of attestation if
the court is satisfied that the deceased intended by signing his name in the attestation clause to
execute his will. 20It may be noted that under Section 63 the testator may sign or mark. But under
Section 3(52) of the General Clauses Act 'sign' can denote mark only in the case of an illiterate
unable to sign his name. A testator may be assisted to make his mark. But he should make it.21
Signature must be put with an intention to execute the will. Putting the signatures in all the pages
except the last sheet is not sufficient execution.

17
[Leda Karwal V. J.D. Karwal, AIR 1983 All 386; Jaswinder Singh v. Kartar Singh, AIR 2005 P & H 19.]
18
. [Sumangala T Pai v. S.S. Pai, (1991) 1 KU 154.
19
Lemaine v. Stanley, 112 ER 771.
20
[In re Mahabir Singh, AIR 1963 Punj. 66 at p. 70.]
21
[Amulya Kumar Bose v. Naresh Chander Sinha, (1938) 42 CWN 649.]

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4 CONCLUSION

Will 'is the legal instrument whereby a person declares what is to be done with his property after
his death. Will means the legal declaration of the intentions of the testator with respect to his
property which he desires to be carried into effect after his death." Will shall include a codicil
and every writing making a voluntary posthumous disposition of property Every person who is
of a sound mind but not a minor can dispose of his property by will. A married woman may
dispose, by will, of any property which she could alienate by her own act during life. Persons
who are deaf or dumb or blind, are not thereby incapacitated for making a will, if they are able to
know what they do by it. One who is ordinarily insane may make a will during an interval in
which he is of sound mind. No person can make a will while he is in such a state of mind,
whether arising from drunkenness or from illness, or from any other cause that he does not know
what he is doing. Section 2(b) of the Indian Succession Act defines "Codicil". "Codicil" means
an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and
shall be deemed to form part of the will." This word is derived from the Roman word
"codicillus" meaning an informal will. According to the definition three things are evident (1)
that a codicil cannot be oral but must be an instrument, (2) it must have been made in relation to
a will which has already come into existence, and (3) that its object is to explain, alter or add to
the dispositions under the will. The purpose of a codicil is to make some slight changes in a will
which has already been executed, though major alterations will not invalidate its dispositions. In
practice, however, a new will is executed by testator if he desires to make substantial changes,
either in the bequests or in the legatees or the persons who are named Originally as executors.
Generally a codicil is in the same form as a will. Generally the same principles are applied by the
courts in construing a codicil as in the case of a will. The will of a testator and all the codicils he
may have executed, if more than One) will be read together as one testamentary disposition. In
order to explain the will or any codicil, it is important to arrive at the intention of the testator by
reading the will and all the codicils.Where the language of will is open to two constructions, the
codicils will be looked into in order to arrive at the true meaning and intention of the testator.
Where there is a will followed by a codicil later on, the court may consider the recital of the
terms of the will contained in the codicil and alter the construction of the will by the help of the
codicil. Where the interpretation of the will is doubtful, the language of the will may be
interpreted by that, of the codicil.A codicil is similar to a will and is governed by the same rules
as a will. A document is called a codicil if it is supplementary to a will by adding, varying or
revoking provisions in the will. A codicil may be endorsed on the original will itself, or it may be
a separate document. A codicil is not to disturb the provisions of the will any more than is
absolutely necessary to give effect to the provisions of the codicil.

The words 'shall be deemed to form part of the will' only emphasise the dependant character of
the codicil. The codicil shall be deemed to be part of the will only in the matter of explaining,

12
altering or adding to the will. It must be noted that the object of the codicil is to explain, alter and
add effectively, and it should not be construed as if by being deemed as to be part of the will, the
desired effect cannot arise.

A codicil is different from a later independent will, which is completely independent of, and not
in any way conditioned by the validity or otherwise of the earlier will. It is always safe to start
with a presumption that a later testamentary disposition is a new will. A codicil properly attested
and executed is entitled to probate, though it refers to an unattested will.

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MODEL FORMS OF WILL

1—Simple Will giving All Property to One Person

I, AB, son of Shri, XY, resident of Patna hereby revoke all former wills and codicils made by
me and by this my last will bequeath and devise all my movable and immovable property
whatsoever to CD, son of Shri EF, resident of Patna absolutely and appoint (him) sole executor
of this my will.

IN WITNESS WHEREOF I have signed this will hereunder on this 27th day of December 2016

Signed by the above-named testator in our presence at the same time and each of us has in the
presence of the testator signed our name hereunder as an attesting witness.

1. Shri GH son of Shri IJ

2. Shri KL son of Shri MN

Sd- Testator

2.—Will Bequeathing All Property to Wife for Life and thereafter to Others, with Annuities to
Several Persons

This is the last will of me AB, son of Shri XY resident of Patna made this 14th day of Oct 2016.

1. I hereby revoke all former wills and codicils made by me.

2. I bequeath all my money and other movable property whatsoever and wheresoever to my wife
XY absolutely.

3. I devise all my lands and other immovable property to my wife XY for her life and after her
death to my daughter CD absolutely and if the said CD shall die before my said wife, then to my
nephew GH.

4. I bequeath the following annuities to commence from the date of my death and to be paid in
equal monthly payments :

(a) To my daughter CD, etc., an annuity of Rs3000 to be paid during her life;

(b) To my sister EF, an annuity of Rs3000 during her life and after her death to be continued to
her son, if any, or sons, if more than one, in equal shares;

(c) To my nephew GH, an annuity of Rs 5000 during his life;

14
(d) To my old servant JK, etc., an annuity of Rs 1000 during his life;

IN WITNESS WHEREOF, I the said AB have signed this will hereunder on the day and year
first above written in presence of witnesses :—

Witnesses : 1. Shri MN s/o Shri OP ,r/o Patna

2. Shri ,QR s/o Shri ST, r/o Patna Sd Testator

3—Will with Pecuniary Legacies, Annuities and. Trust for Wife and Children

THIS is the last will etc. (as in Form 2).

1. As in Form 2.

2. I appoint AB, etc., CD, etc., and EF, etc., to be my executors and trustees.

3. I bequeath all my household goods and cattle to my wife absolutely.

4. I bequeath my books, clothes, watch and personal jewellery to my eldest son KL.

5. I bequeath—

(a) Rs to my wife absolutely to be paid as soon as possible;

(b) Rs to each of my executors who shall probe my will.

(c) To each of my servants who at my death shall have been in my employment for not less than
three years immediately preceding my death, three month's salary in addition to the wages then
due or accruing.

6. I bequeath to my said wife a life annuity of Rs and to my sister MN a life annuity of Rs both
of which shall commence from my death, such annuities to be secured by the appropriation of
investments sufficient to ensure the same out of income but in the event of a subsequent
deficiency of income the capital of this appropriated fund to be liable. After such appropriation
any residuary estate shall be free of the said annuities.

7. All the residue of my property, movable and immovable is to be converted into money by my
executors and after payment of my debts, funeral and testamentary expenses is to be invested and
settled on the following trusts :

(a) To pay the income to my said wife during her life (or widowhood),

(b) Subject hereto in trust to pay or divide the corpus to or between all any children or who being
male shall attain majority or being female shall attain majority or previously marry, the share

15
which would have belonged to any child already dead or who may die before me leaving issue to
go to such issue by substitution per stirpes,

(c) The shares of each daughter to be retained upon the usual trust for life for her separate and
unalienable use with power by will to give her husband a life or lesser interest with remainder to
her issue as she may by deed or will appoint and so far as such power shall not be exercised, to
her children at majority with remainder, in default of such child becoming absolutely entitled, to
such persons as such daughter may by will appoint, with remainder, in default of appointment, to
her legal heirs as if she had died unmarried and intestate and her share bad belonged to her
absolutely,

8. During her life my said wife is to have the rower of appointing a new trustee in case of any
vacancy.

IN WITNESS WHEREOF, etc. Attestation as usual.

Sd. Testator.

4—Will by a Sonless Hindu Leaving Several Legacies and also making Religious and Charitable
Bequests

This is the last will etc., (as in Form 2.)

1. As in Form 2.

2. I appoint AB, etc., and CD, etc., and EF, etc., to be the executors and trustees of this my will.

3. I appoint the said trustees as guardian of my children jointly with my wife.

4. I bequeath—

(a) to my friend, X, all my books,

(b) to my son-in-law Y, my motorcar, pony, watch with chain, drawing room furniture, silver and
china dinner and tea sets and my bungalow situate at

(c) to my daughter P wife of the said Y, the agricultural land described in the first schedule
hereto.

5. I bequeath the following pecuniary legacies :

(a) to each of my trustees who shall probe my will and act in the trust thereof the sum of Rs

(b) to each of my servants NJ and KL, the sum of Rs and

(c) to my sister Q for the marriage of her daughter, if the daughter is in existence and un-married
at the date of my death, Rs .........

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6. I bequeath the following charitable legacies. (a) to the hospital Rs (b) to the Orphanage Rs
(c) to the Girls' School at Rs (d) to the Temple at Rs

7. I bequeath the following annuites (as clause 4 in Form 2).

8. I bequeath all my money in deposit in the various banks and all shares and securities to the
trustees upon trust to utilise the same for the expenses of ceremonies in connection with my
funeral and shradh and payment of all my debts and the pecuniary legacies hereby bequeathed
and the balance in founding a charitable hospital to be called the.... hospital. For this purpose the
trustees will have power to sell the said securities.

9. I release and forgive to GH or to his representatives if he dies before me the amount that may
at the time of my death be due to me from him on his bond for Rs...... ..... .dated...........and direct
my trustees to cancel and deliver up the bond to him.

10. I bequeath all my agricultural land described in the second schedule hereto to the trustees
upon trust to apply the net income thereof after payment of the land revenue, cesses, taxes and
necessary charges of collection to the current expenses of the said hospital, and to invest the
savings left after meeting such expenses in a sinking fund for the benefit of the said hospital.

11. Whereas my deceased father PQ had built a dharamshala which has since been maintained by
me but no permanent provision for its maintenance has yet been made either by my deceased
father or by me, I hereby bequeath the property described in the fourth schedule hereto to the
trustees upon trust to apply the net income thereof to the maintenance and upkeep of the said
dharamshala and the comfort of the public using the same, according to their best judgment and
discretion.

12. 1 bequeath my property movable and immovable whatsoever and wheresoever existing at the
time of my death and not otherwise disposed of by this will to my wife absolutely (or, for her life
without any power of alienation and after her death to my grandson MN, being the son of my
daughter AB

13. I hereby give power to my wife the said ST to appoint a new trustee or new trustees on the
occurrence of any vacancy in the office of trustees.

14. 1 direct that if there is any difference of opinion between any trustees in any matter
concerning this will or the management of property hereby bequeathed or the execution of any
trust hereby created, the opinion of the majority shall prevail.

IN WITNESS etc. Attestation as usual.

Sd-Testator

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Bibliography

R N Chaturvedi , Pleading Drafting and Conveyancing, 4th edition 2015

S P Aggarwal , Pleading 2nd edition 2015

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