A will made in usa valid in india?


I am in Indian by birth, but currently a US citizen. I brought my parents (Indian citizens with USA green card) to live with me in the USA and they have been living with me for the last 3 to 4 years. They like to make a will for their house/property in India. Here are my questions. If I help them create a Legal WILL in the USA (about their property in india), will it be valid in india or enforceable in India? Or in other words, do I have to make my older parents travel all the way to India, just to make/register a Will? I am only trying to save them a trip, as they are too old to travel. Thank you.

 
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FIN

The WILL signed in USA bequeathing estsate in India should be valid.

However if WILL can be registered it shall be better.

 
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CEO

NO! It is not valid in India as in US where every state ha some guidelines formaking  awill. If your will is not in accordance with  a particular state's guidelines  it is not valid. AlSo A will MADE IN u/SA IN ACCORDANCE WITH A PARTICULAR STATE'S GUIDELINES MAY NOT BE VALID IN iNDIA. lIKE THIS THERE ARE SEVERAL OTHER FACTORS ALSO WHY us made wills are not valid in India.

 
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Proprietor

A will is a will.

Hence the CONTENTS of the will SPEAK THEIR MIND and is valid every-where.

If the question of LEGAL VALIDITY by way of REGISTERING the will emerges, then all that you need to do is

to follow the TECHNICAL, ADMINISTRATIVE AND PROCEDURAL law of the country where you need it registered.

 

The CONTENTS cannot be rendered invalid. It speaks their MIND.

 
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There is no restriction of Indian law that a Will Deed should be executed in India. Any Indian citizen may prepare his Will anywhere in world. Payment of stamp duty and registration of Will is not compulsory. Most important point as per Indian law is that the Will should be attested by two witnesses. There are several precautions, you should take before making a Will. Better contact a lawyer with good knowledge of relevant laws of India, so that the Will shall become legal, valid, enforceable and you suffer no troubles in future.  You may contact me on my email ID dwdeshpande@gmail.com for further guidance.  

 
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Consultant

Your query attract legal proceeding in future, since your parents are Indian citizen and you are OCI (Oversea Citizen of India, Rule 3 of Schedule III of Citizenship Rule 1956) and the property is immovable i.e. The property originally belongs to GOI and no citizens have any constitutional rights to register his/her WILL (Immovable property) outside the jurisdiction of India. And it can easily challenge in court of justice on ground of undue influence. As the WILL is last wish, so why not do it in proper way.
 
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