Preparing a will

Querist : Anonymous (Querist) 01 October 2024 This query is : Resolved
Hi Team,

Background -
got married in India 14 years back
husband owns a property (Single ownership)
Have a girl child (12 yrs old)
Moved as couple to Australia (Permanent Resident)
Got divorced in Australia - Decree given by Australian court (Amicably settled)
Guy has decided to move on and get married again.
How can the guy secure the property owned in India.
Is there a will to be made and if yes how to proceed

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Quick Summary

This discussion addresses how an individual, now an Australian Permanent Resident after marrying and divorcing in India, can secure their self-acquired property in India. The consensus is that the property remains theirs and cannot be taken away. They can create a Will, either in their own handwriting or drafted by a legal professional, to bequeath the property to whomever they choose. Making a Will is presented as a method of transferring ownership, not securing the property itself.

SIVARAMAPRASAD KAPPAGANTU (Expert) 01 October 2024
What exactly you mean by your ex husband securing property in India? It is his own and even as a NRI he can continue to hold and own. If he wishes, he can write a Will in favor of whomsoever he wishes as the property is presumably his self acquired.

kavksatyanarayana (Expert) 01 October 2024
As the property in India is his property, he can bequeath it through a Will to whomever he wishes to give it. The Will may be written in his handwriting or be scribed by a lawyer or a Document Writer.

T. Kalaiselvan, Advocate (Expert) 01 October 2024
There are many ways to secure the property in India.
Firstly the property owned by him as his self acquired property cannot be taken away by anyone, if that is the case then it will be an illegal act, including any such act done by the ex-wife or the children born to him.
The property will remain as his own property till his lifetime or till he disposes the same during his lifetime.
Bequeathing the property by a Will is one mode of transferring the property and it cannot be considered as securing the property.

Sudhir Kumar, Advocate (Expert) 03 October 2024
Not clear as to which property you are talking about?

P. Venu (Expert) 22 October 2024
What do you mean by "How can the guy secure the property owned in India"?

Further, any suggestion depends upon the personal law applicable.

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