Why NRIs Need a Will for Indian Assets
Many NRIs assume their will drafted in their country of residence automatically covers everything, including property, bank accounts, and investments back in India. In practice, using a foreign will to settle Indian assets often means extra certification, translation, and court processes in India before anything can be transferred — friction that a will specifically covering your Indian assets can avoid.
One Will or Two?
Why a Separate Indian Will Helps
- Simplifies the probate/succession process for property and accounts physically located in India.
- Avoids the delay and cost of getting a foreign will recognized by Indian courts.
- Can be drafted to align with Indian succession law and specifically name executors familiar with the Indian process.
What to Watch For
- The two wills must not contradict each other, and ideally each should explicitly state it only covers assets in that specific country.
- Get advice from a lawyer familiar with both jurisdictions — a poorly coordinated pair of wills can create disputes, not prevent them.
Drafting & Executing a Will from Abroad
Draft the will
Work with a lawyer familiar with Indian succession law to list your Indian assets and named beneficiaries clearly.
Sign it with two witnesses
Indian law requires a will to be signed by the testator and attested by at least two witnesses — it doesn't need to be on stamp paper or notarized to be legally valid, though notarization can add evidentiary weight.
Consider registration (optional but recommended)
Registering the will at a Sub-Registrar's office in India isn't mandatory, but it creates an official record that's harder to dispute or lose, and can simplify probate later.
Keep the original safe & tell your executor where it is
A will that can't be located when needed is functionally the same as not having one — make sure your named executor and close family know where the original is kept.
What Happens Without a Will
If you die without a valid will (intestate), your Indian assets are distributed according to personal succession law based on your religion, not a single uniform rule:
- Hindus, Buddhists, Sikhs, and Jains: the Hindu Succession Act, 1956 governs distribution among specified heirs.
- Muslims: distribution generally follows Muslim personal law (Sharia), which differs materially from the Hindu Succession Act.
- Christians, Parsis, and others not covered above: generally governed by the Indian Succession Act, 1925.
Probate & Succession Certificates
Whether a will needs to go through probate (court validation) before assets can be transferred depends on where the property is located and which court has jurisdiction — probate requirements are not uniform across all of India. Where probate isn't strictly required, banks and registrars may still ask for a succession certificate or letters of administration before releasing assets, especially in the absence of a will. Because this varies significantly by state and asset type, it's worth getting jurisdiction-specific legal advice rather than assuming a single national rule applies.