1. EXECUTE a WILL document with proper strategic clauses of "ALL" the properties, with proper descriptions and to whom to it would be bequeathed in what ratio and record the name of a Indian Executor of the Will. This will should be compulsorily be attested by Two Witnesses.

2. In USA, Will maker has to visit the local consulate office and have the officer attest the WILL document (which is equivalent to registration).

3. AFTER demise of testator, and because the immovable property is in Mumbai jurisdiction, the will can be probated by the Indian Executor, consequent to which the said property can be mutated /transferred in the names of the named beneficiaries or else can be Sold /Gifted /Donated /Mortgaged /whatever ....

Keep Smiling .... Hemant Agarwal

You can engage any lawyer for drafting the will 

2) executor should be appointed by testator 

3)it should contain details of property bequeathed under will 

4) will should be attested by 2 witnesses 

5)on demise of testator apply for probate of will 

6) if there are no objections received you would get probate in 6 months 

A Will is a legal declaration of the intention of a person (testator) with respect to his property or estate, which he desires to take effect after his death. A Will for the Indian properties should be made separately and should never be clubbed with the properties overseas. A foreign executed Will must qualify in India and meet the provisions of the local religious law.

There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

Language of a Will: A Will can be written in any language and no technical words need to be used in a Will; however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will. However the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.

Attestation: A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

 Registration: The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

 (It's advisable that a Will is made in India with two local witnesses so that if challenged they can be produced easily. Also, do note that all Wills are subject to challenge, it's just that a registered Will is a much stronger document to hold against any challenge ) A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.

Stamp Duty: No stamp duty is required to be paid for executing a Will or a codicil. A Will, therefore, need not be made on stamp paper.

So you can write a will in a piece of paper and if possible to be attested before Notary in USA .A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. Provisions of the foreign exchange laws prevalent in India must be kept in mind and it must be ascertained whether the person named as the executor can, under law, hold the property that is being dealt with under the Will in their name, until the same is distributed as per the Will. 

Features of a Valid ‘Will’: in contain

1. the testator's name and address
2. Intention of the testator must be write in specific language (The intention of the executor has to be found out by reading the entire recitals in the document and the phraseology used therein.)
3. He should be sound mind person memory and understanding
4. The document must be signed at the end by the testator.
5. The signature must be written or acknowledged in the presence of two witnesses; both present at the same time and the witnesses must sign in the presence of the testator, but not necessarily in each other's presence.
6. Write pacifically  place where the testator made the will
7. A revocation clause
8. list of legacies (gifts of money or goods),
9. list of devises (gifts of real property)

'Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator. A probate can be granted only to the executor appointed under the Will.

For seeking a Probate, the executor of the Will, as a Petitioner is required to file the petition (after making payment of applicable court fees depending upon the value of the assets) before the competent court through an advocate. Thereafter, the court usually asks the Petitioner to establish the proof of death of the testator, as well as proof that the Will has been validly executed by the testator, and that it is the last Will and testament of the deceased. After receiving the petition for a Probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate and it also directs the publication of a citation on board to notify the general public. If there is no objection, on the other hand, if the next of kin of the deceased files their respective consent to the grant of Probate, then court grants the Probate, however, if the next of kin of the deceased files their respective objections to the grant of Probate, then the Probate Petition becomes the testamentary suit, to enable parties to lead evidence in the matter.

He can make tgw will there and get it attested in the Indian consulate.  He can also register the same in India also. 

See for the properties in India the person can make a will in US get it notarized in USA and further attested by the embassy .

On demise of the said person based on notarized and attested will the executor can file for probate before the probate court.

A Will requires few legal formalities explained below

A Will can be made on a plain piece of paper

No stamp paper is needed

When the person makes his Will, he must be in a sound and disposing state of mind. That is, he must be able to understand what he does

For the above purpose a doctor's certificate can be taken and it may be attached to the Will, though not necessary. The certificate can be kept handy in case in future the Will is challenged on the ground that the person who made the Will was not in a sound state of mind

The Will has to be signed by testator in front of 2 witnesses. However not necessary that both witnesses must be present at same time 

The witnesses have to sign the Will with the testator  and thereby attest the document

Some also video record the proceedings. 

The witnesses should be such as would make them available when required for giving their witnesses affidavit when the Will has to be proved by filing a probate petition 

The witnesses may be summoned by court for giving their testimony in the event the Will is challenged by someone

After the Will is made, the testator has to send the original to a trusted person who would disclose the Will after his demise 

Also a bequest cannot be made in favour of witnesses 

Its prudent to appoint an executor under the Will and the Will can be sent to the same person so that he can disclose it after testator's demise

If the properties are in Mumbai then the Will has to be compulsorily proved by filing a probate petition 

The executor can file such a petition 

Court fees of uptime 75k inr, depending on valuation of assets, has to be paid in court

Additionally there will be lawyer's fees and ckerkage

The testator can make provision for the above in his Will

1. Let him engage an Indian lawyer for drafting the will and then register the will even though registration of will is purely optional in India.

2. If he is unable to come to India to register the will then he may execute a Special Power of Attorney in favour of a blood relative in India to authorise him to register the will for and on his behalf. 

3. After the demise of the testator the beneficiary will have to apply for probate for the will.

Probate is require until WILL is objected by those who have been disinherited or not benefited due to WILL.

IT can execute on simple white paper, Introducing yourself than detail of properties, your desire to bequeath this property/share this beneficiary and can also appoint executor to WILL.

Every page will sign by you and attest by 2 witness and get it Apostille at Indian Embassy. 

Dear Sir,

The following information may kindly be read:

Should NRIs make separate Wills for assets in different countries?

Indians today are more mobile than ever before, migrating to most parts of the world. Asset ownership across the borders is also becoming more common. And with that comes a set of new challenges. Should Non Resident Indians (NRIs) make a separate Will for overseas properties? What is the right way to make a Will? What happens if he dies intestate, that is, without making a Will? How should NRIs handle cross border legal issues?

We will try to find answers to all these questions and more. If you do have questions about inheritance laws for NRIs, do post your queries in the comments section below and we will try to address the important issues in future articles.

Let us begin with the basics:

Should NRIs make a Will?

Making a Will is not a legally mandated requirement. However, if you die without leaving a Will behind, your family will have to follow the 'laws of intestate succession' in deciding how to split your assets. It is a misconception to believe that all the estate is automatically passed on to the spouse.

"In India, Hindus, Sikhs and Jains are covered by the Hindu Succession Act 1956. With the exception of Muslims, everyone else is governed by the Indian Succession Act 1925. Muslims are largely governed by the Muslim personal law," explains Nidhi Singh, Founder Director of legal consultancy services firm nrilegalservices.com.

The provision of testamentary succession is governed by the land where it is getting executed.

2. SO you will have to consult with American lawyer to draft such Will.

3. Else you can execute Will taking into account law of this land and leave it with your trusted ones . The said Will required attestation by 2 witnesses . Make two of your relatives as attesting witnesses who can travel to India if a Probate application is filed to authenticate the Will.

Any Indian citizen may prepare his/her Will anywhere in world. Payment of stamp duty and registration of Will is not compulsory. Most important point as per Indian law is that the Will should be attested by two witnesses. There are several precautions, you should take before making a Will. Better contact a lawyer with good knowledge of relevant laws of India, so that the Will shall become legal, valid, enforceable and you suffer no troubles in future.  

The transfer of property of an NRI living in a foreign domicile, when such property is located partly in India and partly situated abroad, often poses awkward questions. Must a NRI make a Will or leave his property to natural succession.

To begin with, for an NRI, it is advisable to execute a written Will, get it witnessed and registered to avoid any complexities of succession and inheritance. A NRI should Will his property by choice to his natural heirs or others and thus eliminate speculation or bogus claims from claimants and pave a smooth succession.

There are well defined principles of International law, which regulate succession to the movable and immovable properties of a Hindu NRI domiciled outside the territory of India.

Thus, based on International Law, three principles can be inferred on the application of Hindu Succession Act (HSA 1956):

1. For a Hindu domiciled outside India, succession to his immovable property in India is governed by HSA 1956 whereas succession to his movable property shall be governed by the law of the country of his foreign domicile.
2. Where a Hindu is domiciled in India, succession to his immovable property outside India shall be governed by the law of the country where the property is situated. Movables outside India will be governed by HSA 1956 or by the local law of the foreign country in which the movable property is situated.
3. For a Hindu domiciled outside India, succession to his movable and immovable property outside India shall not be governed by HAS 1956 but by the law of the foreign domicile of the Hindu.

As the Hindu Succession Act is not applicable outside India, it is strongly recommended that NRIs of Hindu origin having immovable assets in different countries can execute a joint composite Will pertaining to all their immovable properties located in different jurisdictions.

For NRIs, execution of separate Wills for separate immovable properties in different countries might not be advisable. Establishing genuineness of a composite Will is easier than proving multiple Wills.

It is also recommended that the NRI must register the Will separately in every jurisdiction even though it is optional in India to do so. Please note that the registration in a particular country usually holds good in respect of properties of the NRIs in that jurisdiction.

Accordingly, separate rules of registration of different countries need to be complied with as per rules of the foreign domicile of the NRI.

The NRI should specifically appoint an executor to execute the Will in the particular jurisdiction where the property is situated. This assists the beneficiaries and simplifies the division of assets as per the Will.

A written Will of an NRI duly witnessed and registered in respect of Indian properties identifies the claimants and legal heirs. Its multiple registration assures the seal of finality.

For an Indian Will to be valid, the Will should be attested by a Notary Public, sent to Foreign and Commonwealth Office for an ‘Apostille’ stamp, sent to the Indian High Commission for a ‘consular’ stamp, as well as ensuring that the Will is drafted correctly.

So, our advice for the NRI therefore is, to act well in advance and simplify the task of the beneficiaries who are to inherit their properties. Thereafter, the law of the jurisdiction, where the property is situated will govern the process of succession based on rights established under the Will.

1. Draft the will properly.

2. Get the will typed or written and then approach the local Indian Consulate and sign and take the signatures of two witnesses, preferably young Indians who will return to India and will be able to depoose before the Court, if need be. before the appropriate office of the local Indian Consulate who will notarise the said signatures on the will.

3. Thereafter  send the will to the beneficiary who should preserve the envelope containing tghe said will sent to him and get it validated by the local Collector duly affixing Rs.50 stamp on the said notarised will.

4. The said will shall be fit to be applied to be probated.

 A written Will of an NRI duly witnessed and registered in respect of Indian properties identifies the claimants and legal heirs.

A Will can be made on a simple piece of paper which can then be notarized with two witnesses while the NRI is still abroad. This would work if all the legal heirs are being given the property in equal shares and the possibility of any one party challenging the Will is low

On his/her next trip to India the Will should be registered with the department of registrations where the property/s are situated. This is particularly important if the line of succession is being cut and any one of the legal heirs is being deprived of their share. For instance, if any one of the Class 1 legal heir is being deprived of their right to inheritance. The person has to be physically present in front of registrar to get a Will registered as photographs of the person and signatures are verified.

A Will for the Indian properties should be made separately and should never be clubbed with the properties overseas 
You can make a single Will in your country of residence and an ancillary probate in the country where the property is situated. However, there could be challenges. For instance, a foreign executed Will must qualify in India and meet the provisions of the local religious law. Similarly, a Will executed in India must qualify in the foreign country. Procedural wise, therefore, in many situations, it can be better to make two separate Wills." 

Will does not attract stamp duty 

2) for probate it attracts court fees of Rs 75000 

3) legal fees vary 

4) you don’t need to approach sub registrar office 

5) only approach society for transfer of flat 

6) on basis of will landlord can  transfer flat in name of beneficiary of will 

1. She can register the Gift Deed  conveyinmg the right of staying in her said premises  to her son. Thye stamp duty will be .1/2&  of 50% the value of the said property.

2. You shall have to bear the additional expenses of releasaing notices in the News papers and all other associated expenses.

3. The landlord builder can ordinarily convey thye title of the flat to you based on an affidavit registered by your mother in your favour. However, the builder will demand probated will or registered gift deed in your favour to stay safe in the matter.

You will charged with the stamp duty and registration by the sub registrar office. 

Yes registration charges will be applicable during transfer & registration after probate. 

Land lord can transfer in the name of tenant only

stamp duty is state subject varies from state to state. 

1. 3 percent of value of mothers share as per circle rate .

2. Sir no further stamp duty need to be paid. 

3. If mother give NOC and the landlord transfer rent receipts in your name completely then it can be transferred.

Dear Sir,

Stamp Duty On Gift Deed In Maharashtra

Recently, Maharashtra Cabinet revoked the order to hike stamp duty on gift deeds. The state legislative assembly on August 10 passed an amendment to the Maharashtra Stamp Duty Act to increase the stamp duty on gift deeds to three per cent of the market value of a property. The existing stamp duty stands at Rs 500. Earlier, the cabinet had approved a stamp duty of three per cent on prevailing ready reckoner rates on gift deed transactions where the immovable property is being transferred to blood relatives including children, husband, wife and sister.

In blood relation it is only 500rs. If joint owner than release deed will execute, execute which ever is cheaper, gift or release deed.

Forget about probate and WILL, nominee etc, better go for gift/release deed.