Me and my household (spouse and son) are NRIs primarily based in Sweden. I’ve properties and movable property in India. Can I write a Will on plain paper whereas I’m in Sweden with respect to my property? Is it okay to get it witnessed by my different NRI associates from India, primarily based in Sweden, in the meanwhile? What are different precautions to be taken when writing a Will from abroad with respect to property and liabilities in India?
– Narsinh Modani
We assume you and your loved ones are Hindu by religion. Accordingly, the provisions of Indian Succession Act, 1925, might be relevant for testamentary succession of property of the testator (ie. the one that makes the need). The international will proposed by you will be examined in opposition to the grounds required for a legitimate will underneath the stated legislation.
Broadly, underneath the stated legislation, making a will is simple. It needn’t be on a authorized / stamp paper- a easy plain sheet of paper(s) is all you want. After writing by hand or printing out the need, it must be signed by you in presence of two (two) impartial witnesses (eg. your NRI associates). Post this, it will likely be thought-about ‘valid’ underneath Indian legislation. If you like a extra formal strategy, please seek the advice of the web site of the native Indian embassy in Sweden – they’d have a prescribed process relating to the attestation of an NRI will.
It is advisable that you simply execute separate wills to your Indian property, and separate ones for Swedish and/or different international property. We would suggest that you simply register your will, albeit it’s non-obligatory to take action in India.
Query answered by Rishabh Shroff, associate at Cyril Amarchand Mangaldas. Queries and views at [email protected]
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