Yes, through a registered PoA and legal counsel, or via virtual appearance in court.
Archives: FAQs
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.
Can a will be contested by a legal heir?
Yes, a legal successor or any interested beneficiary may challenge a will on the basis of lack of testamentary capacity, fraud, undue influence, coercion, or inadequate execution. Such rights are protected by the Indian Succession Act.
Who can be a testator?
A legal will can be created by any person of sound mind who is of legal age (18 or older). The testator has to sign the will voluntarily, without pressure, undue influence, or coercion.
Is registration mandatory for Will in India?
No, the registration of a will is not obligatory under Indian law. A registered will, on the other hand, has more evidentiary value and greatly minimizes the possibility of legal challenges.
