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(Guest)

Will preparation abroad

My father resides abroad and he wants to execute will under my brothers name neglecting my name. Can someone advise me how it is done ? Can this be done by local notary officer or does it have to be attested by indian consulate abroad. Please advise appropriately.




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 4 Replies

Tajobsindia (Senior Partner )     19 April 2014

Ask him to remember these basic points while making his Will;

1.  There is no prescribed form for a Will, it can be made in a plain piece of Paper.
2. It only needs to be properly signed and attested.
3. The Will can be in any language.
4. Two witnesses must attest a Will; one preferably a doctor.
5. The witnesses should sign in the presence of each other and the person making the Will.
6. He can get the Will Notarised at nearest Indian High Commissions office.
7. The Will should provide for the appointment of Executors, though not mandatory.
8. On his/her next trip to India the Will should be registered with the Department of Registrations where the property(s) are situated. This is particularly important if the line of succession is being cut and any one of the legal heirs is being deprived of their share as case made out before me in this brief.
9. On his/her next trip to India he has to be physically present in front of Registrar to get a Will Registered as photographs of the person and signatures are verified. 

{Last reply}  


(Guest)

I always admire you sir. Appreciate your reply.

T. Kalaiselvan, Advocate (Advocate)     20 April 2014

I fully agree with the views of Mr. TajobsIndia.  The Will duly attested by Indian consulate of that country will have its own significance, even in the event it is not registered in India subsequently.

K.K.Ganguly (Advocate)     20 April 2014

Subsequent  registration of the Will before the appropriate Court in India will make the Will legally full proof.


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