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Author Topic: Will's regarding property in India for 2 Nri's living in Australia.  (Read 847 times)

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Offline oshackle

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Hi,
Some advise will be greatly appreciated.
My sister and I live in Sydney,Australia. I'm an NRI and my sister is not. We have an inherited property in Coimbatore India and we have equal shares.
We are both getting on and we want to secure our property.
Our wish is to leave the half share to the other sibling, should one of us pass on and not to the children as the legal issues should one of us pass on will be huge and the children will not bother to do anything about it.
We have each made our will regarding our assets in Australia, but this property has been omitted from our Australian will's. Do I make another will or should we include the Indian property in the Australian will? Will it be recognised in India? Thanks heaps.

Offline advpriyaanand

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Re: Will's regarding property in India for 2 Nri's living in Australia.
« Reply #1 on: October 06, 2014, 09:26:00 PM »
Your Australian will should contain details of your indian property as well. There has to be only one final will.

your Australian lawyer should know this
Advocate Priya Anand,
Learned Counsel
Madras High Court

Offline oshackle

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Re: Will's regarding property in India for 2 Nri's living in Australia.
« Reply #2 on: October 08, 2014, 03:12:10 AM »
Thank you Ms Priya.
In the past lots of legal papers raised in Australia were not recognised in India. Do we need to take the Will to the Indian Consulate and get it attested with the seal of the Indian consulate. Then it should be alright, I guess. The Australian lawyers did advise that there should only be one Will but I had a doubt if that will be recognised in India.
Am I right? Thanks once again.

Offline advjaya

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Re: Will's regarding property in India for 2 Nri's living in Australia.
« Reply #3 on: October 10, 2014, 03:54:56 AM »
A will is the wish of a man to be carried out after his death.
hence it only requires tobe registered in whichever country competent to register it.

that's all is required. It will be in India
Madras High Court Advocate

 

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