To collect a deceased person's bank deposits, shares, mutual funds, provident fund and other debts and securities in India, heirs need a succession certificate from the district court unless there is a valid nomination or the amount is within the institution's small-claim limit. Immovable property passes by will or by the personal law of the deceased and is recorded through mutation. Heirs in Europe can complete all of it through a power of attorney.
- Document route
- Local notary + apostille, or Indian Embassy
- Time difference
- 3.5 to 5.5 hours behind IST
- Handled in India at
- District court and revenue office
- Travel to India
- Usually none
How it works from Europe
We prepare a schedule of assets with account and folio numbers, then file the petition in the district court where the deceased ordinarily resided. The court publishes notice, allows time for objections and takes the petitioner's evidence, which can be given by affidavit and video conference. Court fee is charged as a percentage of the amount, with rates and caps that differ by state. Where all heirs agree, the others give no-objection affidavits, signed before a notary and apostilled in their country of residence.
A nominee receives the money only as a trustee for the legal heirs, so nomination does not end a dispute among heirs; the certificate or a will does. For land and houses we obtain the legal heir certificate or equivalent and apply for mutation, and where one heir is to take the property, a registered relinquishment or family settlement is executed. If the death occurred in Europe, the death certificate is apostilled and translated, and should also be recorded with the Indian embassy.
What is different for NRIs in Europe
- India has no inheritance tax, but several European countries tax their residents on inheritances from abroad. Report it where you live.
- Inherited money can be repatriated from an NRO account up to USD 1 million a year with documentary proof of inheritance.
- A foreign citizen of Indian origin can inherit any immovable property, including agricultural land, from a person who was resident in India.
Step by step from Europe
Free review call
Calls are held in the European morning, while offices in India are open. We read your papers on a succession certificate or inheritance claim first, so the call is about your options and not a repeat of the facts.
Authority from Europe
Where a representative must act for you in India on a succession certificate or inheritance claim, you sign before a local notary and obtain the apostille of that country with an English translation, or attend the Indian embassy. We draft the document and send signing instructions.
Work in India
In India, we file the petition, publish the court notice, lead your evidence by affidavit or video and collect the certificate. Updates for clients in Europe go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the certified court order and we help present it to each bank, company and registry. Originals are couriered to your address in Europe if you need them.
The law in full
This page covers what changes when you handle a succession certificate or inheritance claim from Europe. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Succession Certificate & Inheritance. For other matters, see all legal services for NRIs in Europe or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Europe
How long does a succession certificate take?
Six to ten months is common where nobody objects. A contested petition takes longer.
The bank says I am the nominee. Do I still need a certificate?
The bank will pay the nominee. Other heirs can still claim their share from you under succession law, so a family settlement is advisable.
Can I transfer inherited funds to Europe?
Yes. After the money is credited to your NRO account, the bank remits it with Form 15CA and 15CB, within the annual limit.
