NRI making a will for India assets: succession law, executor and registration
NRIs with India assets (property, bank accounts, mutual funds, demat) should have a separate India-specific will. The Indian Succession Act, 1925 governs Christians, Parsis and others. Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Succession Act, 1956. A will must be signed in the presence of two witnesses. While registration of a will is optional, registering it with a Sub-Registrar in India reduces probate risks. Apostille of a will executed abroad is advisable if the will is to be used in India.
NRIs need a separate India will — registration is optional but strongly recommended
NRIs should have a separate will specifically for India assets (property, bank accounts, MFs, demat). The will must be written, signed by the testator and attested by two witnesses who are not beneficiaries. Registration at a Sub-Registrar in India (or at an Indian consulate abroad) is strongly recommended to reduce probate disputes. If the will is executed abroad, get it apostilled at the competent authority in your country before using it in India. Hindu, Sikh, Jain and Buddhist NRIs are governed by the Hindu Succession Act; others by the Indian Succession Act.
Key points
- Separate India will recommended for India assets — A single overseas will may not be easily probated in India — a dedicated India will covering India-sited assets avoids delays.
- Registration is optional but strongly recommended — Registered wills are harder to contest. Register at a Sub-Registrar in India or at the Indian consulate/embassy in your country.
- Executed abroad: apostille the will — A will signed in the UK, USA, UAE or other Hague Convention country should be apostilled before being produced in Indian courts or banks.
How to make a valid India will as an NRI
Step 1 — Draft the will: clearly identify yourself (full name, passport number, address abroad), list all India assets (with specific identification — property survey number, account numbers, folio numbers), name beneficiaries with full details, and name an executor.
Step 2 — Sign in front of two witnesses: both witnesses must be present simultaneously when you sign. Witnesses should not be beneficiaries or spouses of beneficiaries.
Step 3 — Execute: the will need not be on stamp paper. Plain paper is legally valid. However, use a lawyer to draft for complex estates.
Step 4 — Register: send the original to a trusted person in India to register at the Sub-Registrar's office. Alternatively, present it to the Indian consulate in your country — consulates can register wills for a nominal fee.
Step 5 — Apostille (if executed abroad): in the UK, get an apostille from the Foreign, Commonwealth and Development Office (FCDO). In the USA, from the Secretary of State. In UAE, from the UAE Ministry of Foreign Affairs. In Canada, provincial governments issue apostilles.
Succession law: which law applies to your will
Hindu, Sikh, Jain, Buddhist NRIs: Hindu Succession Act, 1956. Can make a will disposing of self-acquired property. Ancestral property in an HUF cannot be independently willed — separate HUF succession rules apply.
Christian, Parsi NRIs: Indian Succession Act, 1925 — allows full testamentary freedom subject to maintenance obligations.
Muslim NRIs: Personal law (Muslim Personal Law Application Act) — only 1/3 of the estate can be disposed of by will; the remaining 2/3 devolves by Sharia rules.
OCI cardholders: OCI is immigration status, not citizenship. The applicable succession law is determined by the individual's religion/personal law, not OCI status.
Frequently asked questions
Can I name a resident Indian as executor of my India will?
Yes. In fact, it is strongly recommended. A resident Indian executor can deal with Indian courts, banks and registrars without the NRI needing to travel back to India. The executor should be trustworthy and younger than you.
What if I die without a will (intestate) for my India assets?
India intestacy rules apply based on personal law. For Hindu NRIs: under the Hindu Succession Act, the estate devolves on Class I heirs (spouse, children, mother). Without a will, each Class I heir has an equal share — which can make property disposition complex if multiple heirs have different views. Bank accounts: nominations bypass succession and directly transfer to the nominee — but nomination does not override legal heirship for final distribution.
Do I need a probate for my India will?
Probate is mandatory for wills of Christians and Parsis in the original states of Madras, Bombay and Calcutta (and their successors). For Hindus, probate is optional but a registered will reduces the need for it. Banks and MF registrars may require probate or a succession certificate even with a registered will, for large amounts.