Will drawn in uk involving immovable assets in india
K RAJA
(Querist) 10 May 2013
This query is : Resolved
A British Citizen of Indian Origin dies in UK leaving a Will by which he bequeaths his Indian Immoveable Assets to one of his 4 children.How does the Legatee get his/her name on the property records in India.Can the Legatee dispose/sell the Legacy without changing the name in Indian property records.
Pl. give a step by step guide to attain the objective of legally selling the Property in India. Thanks & Regards to all.
adv. rajeev ( rajoo )
(Expert) 11 May 2013
Legatee has to file an application along with a copy of will( notarised or certified) before the concerned CTS officer/REvenue officer to enter his name to the property on the basis of the will.
Legatee cannot sell the property without changing the name, because The original name will be there in the property extracts.
K RAJA
(Querist) 12 May 2013
Thanks Shri.Rajeevji, Is it sufficient to have the Will Notarised. The maker of the Will has expired.The will was made in UK & witnessed by 2 UK citizens.Can this Will be Notarised in India/Chennai where the Immoveable Asset is located. Will it be acceptable to the CTS/Revenue Officer for effecting the Change of name in the property records. Thanks
K RAJA
(Querist) 21 June 2013
Thanks Shri.Sudhir Kumarji.I request you to kindly guide me about the proper process to be adopted for effecting the changes in the property records in Chennai to add the legatee named in the will by the deceased.
Pl.note that the will was not registered/Notarised or Probated. Can this will drawn in UK & witnessed by UK citizens be Probated in Chennai,India where the immoveable asset is located.Kindly guide.
prabhakar singh
(Expert) 21 June 2013
If the will is written in accordance with provisions contained in section 63 of the Indian Succession Act,1925,that is to say
it has been signed by the testator in presence of two attesting witnesses who in turn also signed the will in presence of the testator,then no matter at what place it was executed,it is a valid will under Indian law whether or not notarized or registered .
Since the property is in Chennai,it requires to be legally probated if any executor of WILL was appointed by the testator in the WILL itself.Else an application for obtaining Letter of Administration would be required;the petition would lie under provisions contained in part IX of the said Act.
K RAJA
(Querist) 21 June 2013
Thanks Shri.Prabhakar Singhji.The Will has been written in accordance with the provisions of the Section 63 of the Indian Succession Act,1925. The Legatee named in the will is also named as one of the two different independent executors by the Testator. Can the Legatee who is also an Executor appoint an Attorney(POA) to have the Will probated in Chennai. The Legatee/Executor is a NRI/PIO. Kindly guide. Thanks in advance
K RAJA
(Querist) 21 June 2013
Thanks Shri.Prabhakar Singhji.
