Will for Overseas Citizens of India

An Overseas Citizen of India (OCI) is a special category of visa that allows individuals of Indian origin to live and work in India on a permanent basis. OCIs can make a will in India, and it is recommended to do so, as it will be governed by Indian laws. However, they can also make a will in the country where they reside, but it should be ensured that the will is in compliance with the Indian Succession Act and other applicable laws in India.

An OCI’s will should include details such as the distribution of their assets in India, such as property, bank accounts, and investments. It should also include details about the appointment of an executor, who will be responsible for carrying out the instructions in the will.

It is important for OCIs to regularly review and update their will, especially if there are changes in their personal circumstances or in Indian laws that may affect their assets in India. It is also advisable to appoint a power of attorney, to act on their behalf in India, in case they are unable to do so.

It is important to note that OCIs should consult a lawyer who is proficient in both Indian and the country’s laws where they reside, to ensure that their will is legally valid and complies with all applicable laws.

It is also important to note that OCIs are not Indian citizens, they do not have all rights and privileges as Indian citizens and they are not eligible to vote in Indian elections, they are not eligible to hold public office and they are not eligible to buy agricultural land or plantation property in India.

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