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Q- I am a non-Muslim Indian expat in Dubai. I wish to write a will, which will include my assets back home in India. Can you guide me through the procedure?
Answer
A non-resident Indian based outside India can register his or her will in the Embassy or Consulate of India in the country where he or she is residing with valid residence visa. Since you are a resident of United Arab Emirates, you can register your will either at the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai.
Prior to registration of your will, it is recommended that you consult a legal counsel who is well aware of laws of inheritance in India. Further, you may take assistance of the said legal counsel to draft a will for you as per your requirements and in accordance with prevailing laws of India. Upon drafting of the will and finalising the draft, you may approach the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai along with the below mentioned documents for attestation of your will.
1-Two original final drafts of will. One will be handed over to you upon attestation and one for the file of Indian Consulate, Dubai;
2-Your (executant) passport along with copy of passport and UAE visa page;
3-Photograph of the executant with white background and without wearing glasses;
4-Two individual witnesses who are Indians and residents in the UAE;
5-The witnesses need to carry their passports along with copy of the passports and UAE visa page;
6-Copy of the UAE Resident ID Card/Residence proof of the executant and the witnesses; and
7-Copy of title deeds of properties owned by the executant in India (optional).
The executor of the will along with the witnesses should appear before the consular officer at the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai to sign the will in their presence. Further, the witnesses needs to witness the will in the presence of the consular officer at the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai. Upon signing and witnessing of the will, you need to pay the relevant fees and the consular officer will attest the will and handover one original to you.
It is recommended that you approach a legal counsel who is well versed with the laws of India and seek his advice and services for registration of the will.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai
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