Checklist for NRIs: How to Secure Indian Assets with a Will
Step-by-step guide to drafting a valid Indian will
Avoid cross-border disputes with clear estate planning
By Vishwas Kumar
New Delhi: May 15, 2026:
Step-by-Step Checklist for NRIs Drafting Wills for Indian Assets
1. Identify Assets Clearly
- List all immovable property (land, houses, apartments) located in India.
- Include movable assets like bank accounts, shares, insurance policies, and jewellery.
- Distinguish between Indian and overseas assets to avoid jurisdictional overlap.
- Provide precise details on who get what, in case there are multiple claimants/heirs, to avoid dispute over valuations.
2. Understand Applicable Law
- Immovable property in India is governed by Indian succession law regardless of residence.
- Movable property may be governed by the law of the NRI’s domicile.
- Religion-specific laws apply:
- Hindus, Sikhs, Jains, Buddhists → Hindu Succession Act, 1956
- Muslims → Muslim Personal Law (Sharia) (limited testamentary freedom)
- Christians & Parsis → Indian Succession Act, 1925
3. Draft Separate Wills if Needed
- Prepare one will for Indian assets and another for foreign assets.
- Include a non-revocation clause to ensure one will does not cancel the other.
- Use clear language to avoid ambiguity.
4. Ensure Formal Validity
- Testator must be of sound mind and above 18 years.
- Will must be signed by the testator.
- Attested by at least two witnesses (preferably not beneficiaries).
5. Consider Registration
- Registration under the Registration Act, 1908 is optional but recommended.
- A registered will carries stronger evidentiary value in court.
6. Appoint Executors
- Name a trusted executor to administer the estate.
- Executors can be family members, lawyers, or trusted associates.
7. Plan for Probate
- Probate is mandatory in certain jurisdictions (Mumbai, Chennai, Kolkata).
- Even if a will is made abroad, probate for Indian assets must be obtained in India.
8. Address Nominations vs Legal Heirs
- Nominations in bank accounts or insurance policies do not override succession law.
- Legal heirs retain ownership rights, even if a nominee is appointed.
9. Include Repatriation Provisions
- RBI regulations govern repatriation of inherited funds abroad.
- Mention repatriation intent in the will to ease compliance.
10. Use Power of Attorney (PoA) Wisely
- NRIs can appoint a PoA holder to manage assets until probate is completed.
- Ensure PoA is properly notarized and registered if dealing with immovable property.
11. Review and Update Regularly
- Update the will after major life events (marriage, divorce, birth of children).
- Revisit every few years to reflect changes in assets or laws.
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FAQ for Quick Understanding
Q1. Do NRIs need separate wills for Indian and foreign assets?
Yes, separate wills prevent jurisdictional conflicts and simplify probate.
Q2. Is registration of a will compulsory in India?
No, but registration strengthens authenticity and reduces disputes.
Q3. Can NRIs appoint nominees for Indian assets?
Yes, but nominees are custodians, not heirs. Legal heirs retain ownership rights.
Q4. What happens if an NRI dies without a will?
Intestate succession applies under Indian law. Heirs must obtain succession certificates or letters of administration.
Q5. Can inherited Indian funds be repatriated abroad?
Yes, subject to RBI rules. Wills can specify repatriation intent to ease compliance.
Q6. Do foreign wills automatically apply to Indian property?
No. Indian courts require probate for Indian assets, even if a will is made abroad.
Q7. Who can act as executor of an NRI’s will?
Any trusted person—family, lawyer, or associate—can be appointed as executor.
This checklist ensures NRIs can safeguard their Indian assets with clarity and compliance. It reduces disputes, speeds up probate, and respects the testator’s wishes across borders.