Authentication of will for probate

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
Dear Friends,
Somebody wants to prepare a will for the property at India, whereas he resides outside India. Please tell me if a will is drafted at India and the same is sent to the testator who resides outside India for its execution (Signature) and the same is Notarised before the Notary Public and send back to India for the same being Notarised before the Notary public and kept at safe custody till the stage of probate.
Please suggest.
Regards

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M.Sheik Mohammed Ali (Expert) 14 October 2011
will is not compulsory to registration, if you want register, then his wish's

Querist : Anonymous (Querist) 14 October 2011
Dear Friends
Thanks but Can Probate be obtained.
Secondly the client can avoid to come to India for registration.
Is there any better way to do this.
Regards

prabhakar singh (Expert) 14 October 2011
To know how to write a lawful will in India ,one will have to look towards the provisions contained in section 63 of the Indian Succession Act 1925.

For your ready reference it is being cited below::

63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:--

(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.

(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.

Examining the provisions carefully now you can easily CONCLUDE that your plan to proceed for is NOT IN ACCORDANCE WITH LAW.

Shailesh Kr. Shah (Expert) 14 October 2011
Shri Prabhakar Singh rightly guided author.

Querist : Anonymous (Querist) 15 October 2011
Thanks a lot Sir
But please suggest me a way to do this. My client does not want to come to India all the way for this.
Regards