West indian countries

How do I create a will for properties located in different countries?

If I own properties in different countries, should I create a common will for all my properties or create separate wills for each country?

— Name masked on request

Although there is no restriction in Indian law on making a joint will for properties located in different countries, it is advisable to have separate wills for each country where the property is located. This is because each country may have a separate legal requirement for a valid will, and it may be practically difficult to make a common will that meets all of these requirements. For example, under Indian law, the person making the will must sign the will in the presence of two witnesses, who must also sign the will. In addition, the process of implementing the will may also differ from country to country. It is therefore advisable to make separate wills.

I own several real estate properties in Mumbai. including three apartments in a housing cooperative and a piece of land. I intend to prepare a will that my children will be entitled to these assets after my death. Should I register my will?

— Name masked on request

According to Indian law, the registration of the will is not compulsory, even if it aims to create rights over immovable property. Since your properties are located in Mumbai, your legal heirs will need to obtain a probate of your will after your death. Once the approval has been issued by the court, with regard to apartments in cooperative societies, the legal heirs concerned must apply to the society concerned to become a member and have their name entered on the share certificate of the company concerned. society. For the land in full ownership, the legal heir concerned will be the owner as soon as the approval is issued. However, the legal heir will need to notify the appropriate authorities to ensure that all records are updated to reflect the legal heirs as owners.

Can my spouse, if he is named in the registers of my company, automatically become the owner of our apartment after my death or do I have to make a will?

— Name masked on request

The appointment by the company is not the same as a testamentary document and therefore under the appointment a person does not become entitled to the apartment. Ownership after the Member’s death will be governed solely by the laws of succession which govern the deceased Member and not merely by appointment.

Hemang Parekh is Partner and Mitali Naik is Associate Partner at DSK Legal

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