Hi, the decree of Malaysian court is sufficient ..No further probation is required to be made in India

Wills made in other jurisdictions are not automatically enforceable in India. Under the Succession Act, an ancillary probate can be granted to authenticate a foreign will

Obtain consent letter from

Other legal heirs as desired by bank to collect money lying in bank account

Since the will is made and probated in Malaysia it wont be required to get the probate of same in India the bank for disbursing the funds though can ask for indemnity bond.

No the NOC from other legal heirs is not required if the bank asks you can submit a indemnity bond. Further if bank is not accepting same then the said beneficiary has to apply for the probate in Indian court.

You can not withdraw any amount from a deceased’s bank account and shouldn’t too even if you yave a signed cheque or the debit card with pin. You should inform the bank about the death preferably in writing and submit a copy of the death certificate. Bank will freeze the account and issue application for claiming the balance by nominee or legal heirs depending on whether nomination has been given by the deceased or not. Claim from nominee will be settled easily but if there is no nomination then all legal heirs have to submit the relevant application and balance in the account will be paid in accordance with the laws of succession of the religion of the deceased.

1) In WILL which banks immovable property is mentioned it probate it accordingly the WILL, so need to review the WILL.

1. A will for a property/s in India, needs to be probated /administered as per the Indian /Hindu Succession Acts.

2. Will Probating procedures needs to be conducted in Indian Courts, which would be granted without any hitch, based on the will probated in Malaysia. AFTER probate in Indian court, there shall be no necessity for any NOC /Consent /Affidavit /Bond by any other legal heirs.

Keep Smiling .... Hemant Agarwal

He will have to file a declaration suit and get the probation valid for India and then only the belonging can be transferred.

Regards

He will have to file a declaration suit and get the probation valid for India and then only the belonging can be transferred.

Regards

Testamentary succession to movable property is regulated by the law of the country in which the deceased had domiciled at the time of his death. Immovable property situated in India, however, is regulated by Indian law irrespective of the domicile.

Wills made in other jurisdictions are not automatically enforceable in India. Under the Succession Act, an ancillary probate can be granted to authenticate a foreign will. A foreign will (once proved and deposited in a court of competent jurisdiction) or a properly authenticated copy of the will and letters of administration will be recognised by the Indian courts. Otherwise, if the court thinks proper, it will take the evidence into account and will examine the petitioner upon oath to ensure the veracity of the will.

f a foreign will requires a probate/letters of administration, Indian courts typically ask for the executor/administrator to be present before the court. For this reason itself, many testators prefer appointing Indian residents as their executors. Furthermore, within six months of the grant of probate or letters of administration, the executor/administrator must exhibit inventory and accounts containing:

A full and true estimate of all properties in possession.

All credits related to them.

All debts owed to the executor.

The accounts exhibited must both:

Show the assets that have come under the executor's hands.

Probate/letters of administration procedures may also require the deposit of a portion of the property with the court. For this reason, a trust is often created prior to death, to reduce the hassles relating to administration on death and execution of the testament.

The will is exected and probated in Malaysia and the beneficiary is claiming the bank deposit lying in Indian Bank India and the bank Bank is asking to get concern letter from other legal heirs of the deceased

Is it necessary to obtain concern letter from other legal heris or he is entitled to the bank deposit with the probated will.pl clarify and advise

If the bank is ready to dispose the amount by obtaining a NOC or consent letter from legal heirs, then you may follow that process or you may have to follow the procedures as informed you in my previous post.