I, ____________ widow of Late _______________________, aged about ____ years, Hindu Inhabitant of _____________, do hereby make this my last Will and Testament. I hereby revoke all wills or testamentary writings made by me heretobefore and declare this to be my last Will and Testament.
I. I appoint my ________________________ (or their survivors or survivor) to be the Executors and Trustees of this my Will (hereinafter referred to as “the Executors”).
II. 1. My immediate relatives at present consist of :
(a) my _____________________;
(b) my ________________________;
2. I am the sole and absolute owner of diverse other assets and properties movable and immovable held by me including shares, bonds, deposits, jewellery, silver utensils and household goods and no one else has any shares right, title, interest, claim or demand whatsoever into or against the same. I thus have full right and absolute power and complete authority to make this my last Will and Testament in respect thereof and any other property or assets, movable and immovable which may be substituted in their place or may come into my possession in future.
3. I hereby direct the Executors that after my death they shall collect and take possession of all the aforesaid properties and assets whatsoever and wheresoever situate and they shall recover all outstanding due to me and pay out of my assets all my debts, if any, estate duty leviable in respect of the gifts made by me during my life time which may be included in my dutiable estate and the assets and other taxes and testamentary expenses and to deal with my residuary estate in the manner hereinafter directed.
4. I declare that the amounts covered by the insurances policies on my life which have already been assigned or in respect of which nominations have already been made by me earlier shall belong to the assignee/nominee absolutely.
5. I hereby give bequeath and devise –
a) The ownership ____________ along with the share certificate and _____________in the building known as _______________________and open plot of land and a building situated __________________ to _____________________ and the girl whom my grandson ______________________ shall marry before the day of my death to hold the same jointly in equal shares. In case if the said ___________________________is not married on the day of my death then I give bequeath and devise the aforesaid properties to my grandson
___________________ to hold the same jointly with ___________________ in equal shares.
b) 1/2 (one-half) of ____________________________to the girl _______________________________.
c) The balance 1/2 (one-half) ___________________________to the ____________________.
6. I hereby direct the executors to give such amount as they may in their absolute discretion deem fit to each of my _________________________________.
7. The entire residue of my estate shall be divided into _____________ equal parts and I hereby give bequeath and devise –
a) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part IV of this Will and the Schedule hereunder written.
b) One such part to be held in trust in accordance with and subject to the provisions contained in Part V of this Will and the Schedule hereunder written.
c) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VI of this Will and the Schedule hereunder written.
d) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VII of this Will and the Schedule hereunder written.
e) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VIII of this will and the Schedule hereunder written.
1. In the event of any of the Executors dying or desiring to retire or refusing or becoming incapable to act or becoming insolvent the surviving or continuing Executors (or the Executor or Administrator of the last surviving executor) may appoint a new Executor in place of the Executor so desiring to retire or refusing or
2. The Executors shall have all such rights, powers and authorities as are conferred on the trustees of the trusts and are set out in the Schedule hereunder written and are relevant for the purpose of the management and administration of my estate.
3. Income if any, left after meeting the expenses of the management and administration of my estate and taxes and other accretions taking place during the period of administration shall be treated as part of my estate and dealt with accordingly.
4. For the purpose of apportionment or division of the residue of my estate into the five aforesaid equal parts, the Executors may assign much values on the assets comprised therein as they may in their absolute discretion consider appropriate and no one shall have any right to question the values assigned by them.
IV. The assets given by me under Part II(7)(a) shall be held in trust in accordance with the following provisions :-
i) My ____________________shall be the first trustees of the trust (and the expression ‘trustees’ shall wherever the context so admits or requires be deemed to include the said trustees and the survivors or survivor of them and the heirs, executors and administrators of such survivor, their or his or her assigns) and the trustees or trustee for the time being shall have the right to appoint one or more other trustees or trustee in addition to or in place of themselves.
ii) Until the vesting day, the trustees shall stand possessed of the assets in accordance with the provision of Part II(7)(a) above (and which assets may be added or substituted in the execution of this trust are herein designated as “the trust fund”) upon trust to receive the annual or other income thereof and there out in the first place they shall reimburse or pay and discharge all the costs and expenses incurred in or about the administration of the trust fund including taxes and duties of all types and subject thereto the trustees shall pay, divide or apply the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income to or between the benefit of ______________________ as is or are persons or person in existence at the time of my death in such proportions as the trustees may from time to time in their absolute discretion appoint (i.e. specify or determine) to the entire exclusion of one or the other of them and in such manner as they may in their absolute discretion think fit. Provided that during the period of eighteen years from the day of my death the trustees may in their absolute discretion accumulate the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income and all such accumulations shall fall into be treated as and form part of the original trust fund. The trustees may in their absolute discretion also have recourse to and utilize the corpus of the trust fund or any portion thereof at any time and from time to time to provide any benefit to any of the aforesaid beneficiaries.
iii) Upon the vesting day, the trustees shall hand over the entire trust fund to all or any one or more of the beneficiaries to the exclusion of other or others of them as they may in this absolute discretion think fit and in such rates as they may in their absolute discretion think fit.
iv) The expression “Vesting Day” shall in this Part II(7)(a) means :
a) the day of which eighteen years shall have expired from the day of my death; or
b) the day of death of the survivor of _______________________ whichever is earlier; or
c) such earlier day than either of the dates mentioned in (a) or (b) above as the trustees for the time being may by unanimous decision in writing fix.
v) Detailed provisions for the operation and management of the trust and other matters are set out in the Schedule hereunder written and they shall have the same force and effect as if they had been inserted here.
vi) This trust shall be named _____________________.
THE SCHEDULE ABOVE REFERRED TO
The trusts referred to above shall function and be managed in accordance with the following provisions :-
i) All acts in carrying out the provisions of the trust if done and carried out by a majority of the respective trustees for the time being shall be as valid and effectual as if such acts has been done by all the trustees,
ii) A trustees may resign office as trustees by giving notice in writing to his or her co-trustees.
iii) Without prejudice to the generally of their powers the trustees shall have power;
a) to comply clerks and other employees, agents, brokers delegates, bankers, lawyers, accountants, advisers and others and at such remuneration as they may think fit;
b) to delegate any powers to one or more of their body;
c) to appoint any one from amongst them as a managing trustee;
d) to delegate any powers as they can lawfully delegate to any person and to execute such power of attorney as they think fit for the purposes;
e) to withdraw any power to revoke any appointment of any employee or attorneys;
f) to let any portion of any immovable property forming part of the trust fund at such period and on such terms and conditions as they may think fit and to accept surrender of any lease;
g) to maintain banking accounts and bank lockers in the name of the trusts or in the name of such one or more of the trustees as they may think fit and to make the account operable by such one or more of them as they may think fit;
h) to determine who shall be the first named as regards investments in shares, stocks, debentures and other securities and investments;
i) to appoint proxy or proxies for voting any meeting of creditors, contributories, shareholders or others;
j) to allow any investments to stand in the name of any bank;
k) to become member of any body of persons including co-operative societies and companies on behalf of and for the benefit of the trusts;
l) to carry on any business on behalf of or for the benefit of the trusts either as sole proprietor thereof or in partnership with any other person or persons;
m) to borrow money for ay of the purpose of the trust in the security of any of the assets belonging to the trust or without security;
n) to enter into carry out and do any agreement, agreements, dealing, dispositions, works, acts and things whatsoever which the trustees in their absolute discretion may of any reason consider advisable in the interest of their respective trust funds or any part or parts thereof or of any person or persons being an object of objects of the trusts; and
o) to allot appropriate partition or apportion any property amongst the beneficiaries entitled thereto on the dissolution or winding up of a trust in satisfaction of any share or interest in a trust fund in such manner as the trustees shall in their absolute discretion consider just according to the respective rights of the persons interested.
2. The trustees of each of the trusts shall have all the powers of investments, mortgage, leasing, dealing and disposition (and all other powers) of an absolute beneficial owner of the
respective trust fund and they may retain the assets forming part of the respective trust fund in their actual state of investment or condition or they may in their direction vary or transpose the mode of investment of the assets or ay one or all of them and they shall invest the sale proceeds thereof and any other moneys which shall require investment in any one or more of the investments as they may think fit without being obliged or invests the same in the investments authorised by law for the investment of the trust fund.
And in particular without prejudice to the generally of the foregoing power, the trustees may invest any money requiring investment.
i) In the acquisition or purchase of any immovable property situated in India or elsewhere and for the development thereof the trustees may borrow money at such interest as they may think fit for the purpose and without security or on the security of the trust or any property forming part of the trust fund.
ii) In making loans to or deposits with any person, firm or company or corporation;
iii) Upon the security of any immovable or movable property.
iv) In any business which may be carried on by the trustees as such trustees for and on behalf of the trusts her by established or in partnership with any other person or persons and the trustees may borrow money for the purpose of such business as in the proceeding clause (i).
v) In the purchase of any movable property.
vi) In such investments of whatsoever nature and wheresoever situate and whether involving liability or not or upon such personal credit with or without security as the trustees shall in their absolute discretion think fit.
3. The trustees are hereby expressly authorised to accept gifts or money and/or property (movable and immovable) for the benefit of the respective trust from any person or persons and any such gifts shall be held by the trustees as an accretion to an augmentation of the respective trust fund and the money or other property received by way of such gift and the future income thereof shall be held on the like trust in all aspects as are herein contained and are
applicable to the trust fund and the income of the respective trust fund shall be subject to the same trusts, powers and provisions as are herein contained in these presents and applicable thereof as if such money or property had formed part of the respective original trust fund.
4. The trustees may permit any beneficiary of a trust to occupy, use or enjoy personally and movable or immovable property which may for the time being be comprised in a trust fund upon any terms and conditions whatever which the trustees may think fit but such permission shall in each case be revocable at any time by and at the absolute discretion of the trustees of the respective trusts.
5. The receipt of the trustees for the purchase moneys of any property hereby authorised to be sold or for any other moneys paid or for any shares, sticks, funds or securities transferred to them shall effectually discharge the person or persons having or transferring the same therefrom and being bound to see to be application or being answerable for the loss or misapplication thereof.
6.(a) No trustees purporting to act in the execution of the trusts shall be liable for any loss not attributable to his own dis-honesty or to the willful commission or omission by him of
any act unless such commission or omission is known to him to constitute a breach of trust.
b) Any trustee or trustees in good faith paying over any moneys under the trusts to him or their co-trustees or doing any act facilities the receipt thereof for the purpose of the trust shall not be answerable for the loss or misapplication or non-application thereof.
7. It shall be lawful for the trustees for the timing being to reimburse themselves or himself or pay and discharge out of the trust properties all costs, charges and expenses incurred in carrying out the respective trusts or in or about the execution of the respective trusts.
8. The trustees or trustees may deposit all securities or the investments for the time being representing the trust fund with any bank for safe custody and for collection of the interest and dividends of the said securities or investments and may open current accounts in their or his names or name with the same or any other bank.
IN WITNESS WHEREOF, I _____________________ have hereunto set hands the …………day of ______________ at ________________.
(Explained in vernacular language before execution)
(Left hand thumb impression of _____________)
Signed by the above named Testator __________________ as her last Will after the same had first been translated in _________________ and read over to her in our presence and had appeared to be perfectly understood and approved by her in the presence of us both present at the same time in her presence and in presence of each other have hereunto subscribed our names as witnesses: