Vishavdeep Rana 16 June 2021
Dr J C Vashista (Advocate) 17 June 2021
Post relevant facts of the case for consideration, analyses and forming proper opinion to oblige.
It is appropriate to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate (Advocate) 19 June 2021
A will can be executed anywhere without any restrictions subject to the due procedure of the law of the country. In India, Wills made in other jurisdiction are not automatically enforceable.
The Indian Succession Act:
With reference to wills executed outside India, in respect of which a foreign probate has also been obtained, the requirement of Section 213(1) of the Act would be satisfied by obtaining under Section 228(1) of the Act an ancillary probate.
If this is not so, then as the probate obtained in respect of a will executed in a foreign country would be operative only within that country, persons entitled to other properties under the will, which are situated outside the country where the will was executed and the probate also was obtained, would be left without any means to assert their rights there to it must also be remembered that Section 228 of the Act is really in the nature of an enabling provision and when read with Section 270 of the Act, permits the obtaining of an ancillary probate. Section 270 of the Act is enacted on the principle that the presence of personal property of the deceased would be sufficient foundation of jurisdiction for purposes of granting probate.