Respected Advocate, I am Senthil from Chennai. I am requesting to give your valuable advise to my following problem : -
- One of my friend’s father is resident of Malaysia and he having a property at Chennai.
- He wrote a Will bequeathing the property at Chennai in favour of his Sons, excluding his Daughters.
- After his demise my friend along with his Brother probated the Will at Malaysia and obtained order to that effect.
- Now the question is whether the Foreign Will and Probation of Non-Indian Court in respect of Indian Property shall be valid and binding on the Courts in India?
- My friend afraid that his Sisters shall claim share in the property and file a suit in India ?
- Kindly advise me to suggest my friend how to face the above problems ?
The Straight Question is Whether the Will executed by a Non Citizen / Non Resident of India in respect of his Indian Property and Probation of the said Will at Foreign Country can be valid and binding on the parties to the Will and can be effectively valid as an Exhibit before the Indian Courts ?
Kindly advise us.
Thanks in advance for your valuable comments.
