Legal Question in Wills and Trusts in India

Re: Law Applcable to the Estates of Deceased Persons

A succint advice can be given only after full facts are given. However, based onthe given facts, if your son had properties in India, the ndian law will apply; while in respect of the house in Canada, the Canadian law will apply.

In case of Hindus, no matter where they are domiciled, the Hindu Law, of course, will apply. In this case, the Canadian House, could not be part of the Will since it was purchased subsequent to the will.

As such, with regard to the Canadian House, there being no issues of the couple, and there being an existing claim of the lender bank, as well as your claim with regard to the money lent and advanced to your son for purchase of the house, you can very well make a claim in the Canadian Court.

As regards any other assets which your son may have, in terms of the will, the same would go the wife's mother.

Re: Law Applcable to the Estates of Deceased Persons

Insofar are applicability of law is concerned, the Indian law would apply to properties in India and Canadian law would apply to property in Canada.

Will is a document which is supposed to be wish of the deceased and is respected in every part of the world. Thus a Will would be enforced by an Indian Court in respect of the properties in India and by the Canadian court in respect of the properties situated in Canada. The only difference would be the procedure to be followed.

In so far as the house property bought by your son in November 2003, the same does not form part of your son's will (which was made in October 2002).Thus this property would not be covered under the Will of your son. If the above house property is in India then the Indian law would apply. In case this property is in Canada then the Canadian law would apply.

Re: Law Applcable to the Estates of Deceased Persons

The Law of India will apply to the Estate which is in India, if the property is situated in India, otherwise the law of the place where the property is situated, the law of that country will prevail.

You are stating that some Finance was made by you at the time of buying the property, if so you have to meet a lawyer and give all the details with documentary evidence he will look into it and let you know what are your chances of getting the money invested by you.

HIndu law will apply only when the property is jointly owned by the family, if he has acquired the same by his own funds he is free to do anything

since you say that he has made a will, is it registered, all the details have to be provided to a lawyer who is near to your place and clarify.

Balasubramanya

Advocate.