Do Indian parents need to get their wills registered in India if their children have settled abroad as citizens of the USA and Canada?

 No

It's not mandatory to register a will but a registered will is a strong documents against any challenge in court. All wills are subjected to challenge

Wills can be made on a normal A4 size sheet of paper with two witnesses, preferably one witness could be a doctor, notarize a will by notary public. Will can be made while NRIs are still in abroad.

It is important to register a will if the line of succession is being cut and any one of the legal heirs is being deprived of their share.

For example:

  • If any one of the immediate legal heir is being deprived of their right to inheritance the share
  • Unequal share among the immediate legal heir
  • Specific share among the legal heir

To register a will, the will giver should be physically present in front of registrar to get a Will registered as photographs of the person and biometric fingerprint are verified.

To claim the will of your parents, children have to obtain family tree certificate from competent authority in India, the competent authority could be Thasildar or municipality.

A family tree certificate looks like the below image.

A separate will should be executed for a property in India and property in abroad.


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