NRI General Will

Will

A will is a legally binding document under the Indian Succession Act, 1925 that directs how a person’s Indian assets — property, bank accounts and shares — pass to chosen heirs. For an NRI, the will is usually executed before a notary in the country of residence, apostilled (for Hague Convention countries such as the USA, UK, Canada, Australia and Singapore) or attested at the Indian Embassy (for non-Hague countries such as the UAE and Saudi Arabia), and can then be registered with the Sub-Registrar in India. The process can be completed without travelling to India. — Adv. Jaspreet Singh Benipal

Problems faced by NRIs:

• Many times it has been seen that NRI who is living abroad, dies in an accident and his share in ancestral house or land is usurped by his brothers or their sons or possession of his property is illegally taken over by some strangers or goons . Hence, it is very important to keep a draft of Will ready in case you own any land or immovable property in India.
• Similarly, many times it has been seen that after the death of NRI father, his children get stuck into lifelong litigation regarding inheritance of property which is situated in Punjab.
• Many times, properties of NRIs are illegally taken over by strangers or relatives on the basis of forged will. It is very important to challenge such forged wills and file criminal cases of forgery under Indian Penal Code against such criminals.
• Many times it happens that a deceased leaves a valid will but his children who have lived all their lives abroad and have rarely visited India do not know how to get the property transferred in their names and thereafter how to sell the land or immovable land on the basis of that will.

Services provided by us:

In case, you own some land or immovable property then it is very important to get your Will drafted in a manner that will make it a VALID legal document so that your heirs including your wife, children etc. will not have any problem in future in getting the property transferred in their name. It is also important so that no other person can challenge it in the Court on the false grounds of force, fraud etc.

A Will can be challenged on the grounds of Fraud, Coercion, Undue influence, Lack of formalities, Lack of capacity of the person executing it, forgery etc.

i.e. transfer of property in the names of legal heirs on the basis of Will, which is also called Execution of Will.

• Any person who is above 18 years of age and is of sound mind can get his will prepared.
• Will must contain his wishes in the form of declaration regarding the way in which he wants his property to be disposed of or transferred.
• Will must be dated and signed by the person who getting it prepared.
• Will must be signed in the presence of Two witnesses.