Sale deed, title proof, tax receipts, utility bills, PoA, and identity/address proof.
FAQ Category: Services
What is the course of action for assets not mentioned in the will?
Any asset not mentioned under the will is considered part of the residuary estate and may pass to legal heirs in accordance with the prevailing personal law of intestate succession, unless the will includes a residuary provision.
Can I get a stay order on my property as an NRI?
Yes. You can request an interim stay to prevent sale or construction during litigation.
Can NRIs file or defend a property case from abroad?
Yes, through a registered PoA and legal counsel, or via virtual appearance in court.
What key documents are necessary for the transfer of property through a will?
Key documents that are deemed necessary for a transfer through a will include:
- Original will (preferably registered)
- Death certificate of the testator
- Legal heir certificate (if applicable)
- Identity/address proof of beneficiaries
- Probate order (if necessary)
- Title deeds and property tax records for the property
Can a will be handwritten?
Yes, a handwritten will is legitimate in India if it is signed by the testator and witnessed by two people. It must clearly state the testator’s wishes. Though legally legitimate, handwritten wills may result in conflicts, therefore, professional drafting is advised.
What is the cost of litigation for NRIs?
Varies by case and location. Always ask for clear fee structures before hiring a lawyer.
Who is entitled to inherit through a will?
Only the individuals designated as beneficiaries in the will are legally entitled to inherit. Unlike intestate succession, which follows personal laws, testamentary succession respects the testator’s preferences.
Can legal heirs be excluded from a will?
Yes, under Indian law, a testator can exclude legitimate heirs unless there are statutory limitations or dependency claims. However, the exclusion must be clear in order to avoid disagreements and future legal difficulties.