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Ask Ely Your Own Question
Ely, Counselor at Law
Category: UK Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Indian Estate

Customer Question

If I am writing my Will in the UK, how will that effect my property in India? Do I need a Will in India that's separate?

Submitted: 2 years ago.
Category: UK Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
JustAnswer currently does not have any experts based in India for its legal categories. I can help, but I am based in USA - I hope this is acceptable.
One owning assets in India is not required to create an Indian Will for his Indian assets, but he can have a foreign Will for all his assets. The foreign Will is valid to transfer Indian assets. Section 213 et seq of Indian Succession Act, 1925.
Per Sukumar Banerji v Rajeswari Debi, the Calcutta High Court set a precedent that to grant probate in common form of a foreign will, the Court will be satisfied with prima facie proof that a foreign Court has adopted the document as a valid testament. See also AIR 1939 Cal 237. Thus assuming the Will is valid in the UK, it should be valid in India.
However, because Indian law is always changing, this information should be taken with a "grain of salt" and one should confirm anything with an attorney in India.
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