I am a Non Resident Indian (NRI) living in UK. My father, who lived here, had written a will relating to his properties in India. My relatives based in India are now questioning the authenticity of the Will as well as the ownership of the property. So what should I do?
Name withheld on request
From the limited facts provided to us, we understand that your father was a UK citizen and had made a Will for his properties in UK and India during his lifetime.
To prove his will in Indian jurisdiction, you will need to obtain confirmation from the competent court in the UK, similar to probate of your father’s will. Thereafter, you can obtain a certified copy of the Will from the court in the UK and present it before the Indian Courts of competent jurisdiction to obtain letters of administration in India which will resolve the issue relating to the authenticity of the Will.
However, if there is any question to be decided on the validity of the will, the courts in India are bound to try the question before enabling the executor to administer your late father’s Indian properties in accordance with the contents of the will. For this one has to go through the same route that any normal Indian citizen would be bound to follow to authenticate and confirm a Will. It should confirm that the desire is genuine and natural.
If any member of your family is questioning the authenticity of that Will, they will file a caveat and list their objections, making the Will petition testamentary.
However, to avoid the long, tedious and costly litigation process in India, which would also result in unhealthy relations among the family members, it may be prudent to distribute your late father’s property through a family arrangement deed signed by all Could Family members or beneficiaries of the will.
It is worth noting that probate does not confirm ownership of your property. It only confirms the authenticity of the will of the deceased. We do not know why your relatives are claiming a share in your father’s property. For that, you have to check your title deeds and take suitable steps to prevent them from misbehaving with your father’s property, movable and immovable properties in any way.
Aradhana Bhansali is a partner at Rajni Associates.
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