1. Ichha Patra should be prepared by a lawyer
on stamp paper
2. Ichha Patra should be registered
3. Those who sign Ichha Patra would know what
is written in it and they would tell about it to others. Thus it would not be a
secret or confidential.
4. Some think preparation of will is not
needed when he/she has only one child.
5. Some have extra ordinary confidence that
his/her children shall not fight for the property.
6. Some think that he/she is having negligible
property and there is no need to prepare Ichha Patra.
7. Some think that he/she is not going to die
in near future. Ichha Patra can be prepare any time.
8. My children are cultured and they would
take care of their mother after my death.
9. The worst is, “I am busy. I have no time to
prepare will”
Every citizen must find about Ichha Patra
from knowledgeable person (advocate) and prepare Ichha Patra irrespective of
age of the person. Ichha Patra can be prepared even by a child below 18 years
provided he/she has property/income on his/her name. The only need is a trustee
is appointed where Ichha Patra is prepared by a minor. There is absolutely no
need to prepare Ichha Patra on stamp paper. What is important is the person who
prepares it must be sane at that time and 2 witnesses must sign in token of
confirming that the person who prepared Ichha Patra has signed in their
presence. This is like attesting signature. There is no need to register Ichha
Patra. Registration makes it a legal document though. Register Ichha Patra
cannot be challenged in any court of law. At the same time copies of the
document are available on payment to those who apply for the same. Thus it
doesn’t remain as a secret or confidential document. Following are some tips
for preparing Ichha Patra:-
1. Ichha Patra can be prepared by a sane
person even if he/she may be physically handicapped. Age is no criteria. For
minors a trustee is needed.
2. Ichha Patra can be prepared jointly by
husband and wife.
3. Conditional Ichha Patra also can be prepared
with a clause that after death the entire property and liabilities shall be
transferred to spouse and after death of spouse it would be distributed in
certain manner among beneficiaries decided by the person making Ichha Patra.
4. Ichha Patra should be prepared on thick
white paper which could last for a long time. There is no need to type it but
it should be written in easily readable hand writing. Persons using computer
may prepare it on computer and print it on a long lasting paper.
5. As far as possible copies of Ichha Patra
must be limited. Single copy is preferable.
6. Person who prepares Ichha Patra should sign
with date on each page in presence of witnesses. Witnesses also should sign on
each of the pages with date.
7. It should be ensured that witnesses survive
after the death of the person preparing Ichha Patra. In case one of the
witnesses die in life of the person Ichha Patra should be prepared again and
signed by the person and witnesses as said earlier.
8. Whenever an Ichha Patra is prepared it must
have one last line “This supersedes all earlier Ichha Patra” Date and
preferably time is important on Ichha Patra to prove that a particular Ichha
Patra is the last. Action is taken on last Ichha Patra only.
9. It is preferable to have Medical doctor(s)
as witness(es).
10. It is preferable to obtain medical
certificate to the effect that the person preparing his/her Ichha Patra is sane
and is in good mental health. If doctor is one of the witnesses purpose of
certificate is served.
11. Ichha Patra can be changed any number of
times in the life time of the person making Ichha Patra. It is always
preferable to prepare a new Ichha Patra as and when change is needed. Date and
time on Ichha Patra makes it possible to decide on finally applicable Ichha
Patra.
12. Ichha Patra may be registered or kept in
safe custody on whom the person has full belief. Registered Ichha Patra can be
obtained by the beneficiary through probate. The custodian would invite all
beneficiaries and read Ichha Patra in their presence. Registration is more preferable.
13. Preparation of Ichha Patra ensures that
after the life time of the person preparing Ichha Patra, property with assets
and liabilities is transferred to beneficiaries with least problems and
differences among the beneficiaries. If Ichha Patra is registered the beneficiaries
can obtain copy through a probate. If it is kept in custody of legal firm the
firm makes it available to the beneficiaries. Ichha Patra also avoids transfer
fee in many items of property.
14. If Ichha Patra is not prepared beneficiaries
have to obtain succession certificate and then divide the property equally. The
may be problems in equal division or some beneficiaries may not like to share
with some others. This means beneficiaries would file application in court of
law. Also transfer fee and stamp duty may be involved in transfer of assets.
15. Ichha Patra also can be prepared for transferring
self earned property to charitable trust or the person can create a charitable
trust himself/herself and appoint trustees. Inherited property must be divided
among legal heirs. Although equal distribution is a natural way some difference
may be made if equal distribution is not feasible.
16. Preparation of Ichha Patra saves physical
and financial hardships to the beloved persons. No one should die before making
Ichha Patra. No worry if changes in Ichha Patra are made any number of times.
Just ensure date and time is placed by the person making Ichha Patra and the
witnesses. Attach doctor’s certificate with Ichha Patra, in case at least one
of the witnesses is not a registered medical practitioner.
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