Making a will
yusuf
(Querist) 23 June 2013
This query is : Resolved
My father was born in 1938 in India, he immigrated to the UK in 1969 and has lived in the UK since. He is classed as an NRI (NON RESIDENT INDIAN).
My father comes from a back ground of farmers and he himself was a farmer before he left India.
Over the years my father has accumulated property in India both agriculture land and building. And has continued to cultivate the land.
My father wishes to draw a will to have all his assets and property divided after his demise.
We are 4 children who are all living in UK.
2 children were born in India and 2 children were born in the UK.
Can my father bequest his property to his children?
Can my father draw up a will to have his wishes completed in UK, or does he according to Indian law have to draw up a will in India using the Indian Lawyer?
yusuf
(Querist) 23 June 2013
I forgot to mention that we are muslim by cast
Nadeem Qureshi
(Expert) 23 June 2013
Dear Yusuf
if all the properties are his own/self acquired property then he can draw up a will to have his wishes completed in UK or India as per his wish.
yusuf
(Querist) 23 June 2013
Even though he is a Muslim and the succession act 1925 states Muslims are governed by the mohammeden law
Anirudh
(Expert) 23 June 2013
Dear Mr. Yusuf,
Your father cannot WILL more than 1/3rd of his properties.
Even otherwise, if he does not leave any WILL, the property left behind by him will go by way of inheritance amongst his children. It is not clear whether all the children are sons or daughters or how many sons and how many daughters.
You have not mentioned anything about your mother. That will also be a factor, which will decide as to what you all will get.
Adv Archana Deshmukh
(Expert) 23 June 2013
A muslim can dispose of his property by a Will in the way he likes to the extent of 1/3rd of the total.
Raj Kumar Makkad
(Expert) 23 June 2013
In addition to reply of anirudh, you are also required to tel about your grand parents as those are also share-holders to the property earned by your father.
