NRIs and Indian Assets: Why a Will is Your Best Safeguard
Indian succession law governs immovable property, regardless of residence
Separate wills for Indian and foreign assets can prevent cross-border disputes
By Vishwas Kumar
New Delhi: May 13, 2026:
NRIs can make wills for their Indian assets, but such wills must comply with Indian succession laws. Immovable property in India is always governed by Indian law, while movable assets may be subject to the law of the NRI’s domicile. Properly drafted wills reduce disputes, speed up probate, and ensure assets pass as intended.
The Legal Framework
For Non-Resident Indians (NRIs), estate planning is complicated by assets spread across multiple jurisdictions. Indian Succession Act, 1925 is the primary legislation governing wills in India, supplemented by religion-specific laws:
- Hindu Succession Act, 1956 – for Hindus, Sikhs, Jains, Buddhists.
- Muslim Personal Law (Sharia) – governs Muslims, with restrictions on testamentary freedom.
- Indian Succession Act provisions – apply to Christians and Parsis.
A valid will requires:
- The testator to be of sound mind and legal age.
- Signature of the testator.
- Attestation by two witnesses.
Jurisdictional Complexities
Even if an NRI drafts a will abroad, probate for Indian assets must be obtained in Indian courts. Foreign probate orders do not automatically apply in India. This makes it prudent for NRIs to draft a separate Indian will covering only Indian assets, avoiding conflicts with foreign wills.
Probate and Administration
Probate is mandatory for wills involving immovable property in certain jurisdictions (like Mumbai, Chennai, Kolkata). Without a will, intestate succession applies, requiring succession certificates or letters of administration—often a lengthy process lasting 6–24 months.
Registration and Evidence
While registration of wills under the Registration Act, 1908 is optional, it enhances authenticity and reduces disputes. The Indian Evidence Act, 1872 governs admissibility of wills in court. sheokandlegal.com
Key Considerations for NRIs
- Separate Wills: One for Indian assets, another for foreign assets, with non-revocation clauses.
- Nomination vs Legal Heirs: Nominations in bank accounts or insurance policies do not override succession law. Legal heirs retain rights.
- Repatriation Rules: RBI regulations govern how inherited funds or property can be repatriated abroad.
- Power of Attorney: NRIs can appoint trusted representatives to manage assets post-demise.
Risks of Not Making a Will
- Family disputes due to conflicting claims.
- Delay in asset transfer.
- Statutory succession rules overriding personal wishes.
- Difficulty for overseas heirs unfamiliar with Indian legal procedures.
Conclusion
For NRIs, drafting a clear, legally valid will for Indian assets is not just advisable—it is essential. It ensures certainty, reduces litigation, and respects the testator’s intentions across jurisdictions.
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Detailed FAQ
Q1. Can NRIs make wills for assets in India?
Yes. NRIs can draft wills for Indian assets, but they must comply with Indian succession laws.
Q2. Which law governs immovable property in India owned by NRIs?
Immovable property in India is always governed by Indian law, regardless of the NRI’s domicile.
Q3. Do foreign wills automatically apply to Indian assets?
No. Probate must be obtained in Indian courts for Indian assets, even if a will is made abroad.
Q4. Is registration of a will mandatory in India?
No, but registration under the Registration Act, 1908 enhances authenticity and reduces disputes.
Q5. What happens if an NRI dies without a will?
Intestate succession applies. Legal heirs must obtain succession certificates or letters of administration, which can take months or years.
Q6. Can NRIs have multiple wills?
Yes. NRIs often draft separate wills for Indian and foreign assets to avoid jurisdictional conflicts.
Q7. Do nominations override succession laws?
No. Nominations only indicate who can manage the asset, but legal heirs retain ownership rights.
Q8. Can inherited funds be repatriated abroad?
Yes, subject to RBI regulations. Wills can help plan repatriation in advance.