Are Wills made abroad for property in India acceptable in India?

Question

We are PIOs living in UK, my mother owns real estate property in India, would a will that she has made here in UK be acceptable in India? Some one told me it would not be, I find it hard to believe.

Any India based lawyers out there who can enlighten us? Ta!

If it makes any difference, the property is located in Gujarat, India.

Answer 1

Yes it will be acceptable in India if the will so executed has fulfilled the necessary conditions. The conditions necessary for any will to be valid are :- 1) the testator making it should be of the age of majority, 2) he should be of sound mind & should not be suffering from any mental disorder, 3) he should make the will without any force or fraud i.e. it should be his free will, 4) the will made should clearly specify the details of the property regarding which it is being made along with the person or persons who will be beneficiary of such a property, 5) such a will should be made in presence of at least one witness who should also be of age of majority & if it is written will such a will should be signed by the testator in presence of this witness ,who also sign it in presence of the testator, 6) such a will should clearly mention the person who will be the executor(get it probated) for such a will, usually it the person or persons in whose favor such a will is made. Best course I would suggest to you is to get such a will properly registered so its contents & validity remain unchangeable although you can not disallow any one to challenge such validity at the time of its probation but having it properly registered the onus of to prove it invalid become stronger for such a person all this will go in your favor. Although registration of such instruments/documents like will is optional/ not compulsory under section 18 of the Registration Act, 1908 hence according to section 29 of the said Act, if they are being registered they can be done in the office of the Sub-registrar in whose sub-district the document was executed or at which person executing & claiming under the document desire the same to be registered. For more guidance write to me directly.

Answer 2

Wills made anywhere but registered in India will be acceptable in India. You may use the following links to contact lawyers in India.

http://www.rpathak.com/

http://www.helplinelaw.com/docs/indian%20law/livelegal.shtml

Answer 3

A will validly executed in UK is enforceable in another country if the requirements in the making of the will have no conflict with the laws of both countries.