Your mother may very well write a Will naming you and your sister as beneficiaries in it, notwithstanding that your sister is at present a US citizen. There is no question of any first and a second legal heir in a Will. Your mother may give you both equal shares or spell out the percentage of each.
Will bequeathing
Planning to bequeath a will or nominate a relative as legal heir. Example, my mom needs to nominate me and my sister, to be legal heirs to a property she owns in India. However, my sister is a US citizen while I and mom are Indians. Can she legally nominate my sister as a second legal heir ? What if she has an OIC card(overseas indian citizen card) Regards Niranjan
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
Your mother can execute will bequeathing property to you and your sister
it is immaterial whether sister is foreign citizen or not
she can inherit property from your mother by will
Dear Client,
yes, your sister can be a legal heir as she hold OCI card.
Thank you.
Irrespective of the place of residence, the Testator can name the beneficiary, even if the beneficiary is a citizen of US.
Even though your sister is a US citizen, she can inherit property from her mother in India.
Hence your mother can nominate your US citizen sister as one of the beneficiaries for her property in India.
Yes she can bequeath the same. Even foreigners can inherit property
A will is enforceable even if the beneficiaries are not the citizens of India.
So yes she can be made a beneficiary.
- Since, this property is owned by your Mom , then being the self acquired property she can transfer the same to anyone including you and sister without getting others consent.
- As per law, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or an agriculture land.
- Hence, your mother can write a WILL in favour of you and also the said sister .in the presence of two witnesses.
The nominee of an immovable property cannot inherit or acquire the property.
They can receive the proeprty in the capacity of a trustee and should distribute the same to the legal heirs of the deceased property owner.
Hence you better ask your mother to bequeath the property by a Will dividing the same equally between you and your sister.
