Urgent - will registration by special power of attorney

Querist : Anonymous (Querist) 31 July 2018 This query is : Resolved
Please excuse me for posting as anonymous

Dear Expert,

One of my Friend is in UK, he is executing a Will for his Indian Properties from there (UK).

1. My first question about Apostille of the will, should it be done by Foreign and Commonwealth Office (FCO) or from Embassy.
2. Second question is his properties are located in Ahmedabad, if he issue Special Power of Attorney in the name of a local Indian person, by this if the Will can be registered with Local Sub-Registrar Office by the person authorised without my friend’s personal presence.

Appreciate your prompt reply.

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Vijay Raj Mahajan (Expert) 31 July 2018
The registration of Will is not compulsory under the Registration Act, however if it is proposed by the Testator to register it that he can do anywhere he stay even if the immovable property with regard the Will is being made maybe located at any other place.
So your friend can make Will in UK, get that Will notarized and Apostilled in UK itself if he is British citizen. If he's Indian citizen he get the attestation done from the Indian High Commission in UK.
He has to be present in person in India for registration of Will in India that is usual procedure, however by Special Power of Attorney given to relative in India that can be done too. The SPA need to be notarized and Apostilled for British citizen and attested by Indian High Commission in UK for Indian citizen.

Message likes : 1 times

Kumar Doab (Expert) 01 August 2018
AQ so NO reply.
Pls don't post as AQ.

Kumar Doab (Expert) 01 August 2018
Same Query;
http://www.lawyersclubindia.com/experts/Will-registration-by-and-notary-688066.asp

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