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Anil   19 June 2017

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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 4 Replies

Kumar Doab (FIN)     19 June 2017

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

However if WILL can be registered it shall be better.

Ms.Usha Kapoor (CEO)     19 June 2017

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.

NATARAJAN IYER (Proprietor)     21 June 2017

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.

D W Deshpande   18 July 2017

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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