Legal Question in Family Law in India

How to make a will

How to write a will. I am on h-1 visa from India. Is

the will applicable here in event of my death. Is same

will valid for India too. What if I specify a

beneficiary who is in India.


Asked on 3/22/01, 4:11 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: How to make a will

You will from India will be recognized here, however, you may have some problems with the intent of the will. If your primary estate is in India and your residence is in India, then probate should be in India and an ancilary proceding in California, if necessary. If your primary estate is in California and you intend to stay in USA, you should have a will prepared in California so probate will proceed here. Being unaware of the law of India, I cannot tell you how that country may treat the California will and whether you may need a separate document for India. If you intend to remain in USA you should get a will here, and then contact an attorney in India to discuss property that is in India. Pat McCrary

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Answered on 5/31/01, 9:16 am
Vishwa Arya Arya & Co.

Re: How to make a will

Dear Gentleman:

It is the most easiest thing on the earth. You write or type what you feel on a plain paper, sign each page and on the last page get your will witnessed by any two witnesses, major in age. If you can get it attested by the consulate in USA, it would be good, but, legally it is not required. Your Will would be enforceable both in USA as well as in India, unless challenged by any of your legal heirs other than beneficiary.

Just another tip, you make Will of properties, moveable or immoveable, you own.

Any question, do not hesitate

Good luck and regards

Bhushan Arya

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Answered on 5/30/01, 5:07 pm
Satish Maheshwari Vakilbabu

Re: How to make a will

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 6/05/01, 3:31 pm


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