If you live in Europe and own assets in India, make a separate Indian will limited to those assets and tell the notary or lawyer handling your European will, so that neither cancels the other. Indian courts apply Indian succession law to immovable property in India. A European Certificate of Succession, or a notarial deed of heirship from France, Italy or Spain, is evidence of heirs but does not transfer Indian property.
- Document route
- Local notary + apostille, or Indian Embassy
- Time difference
- 3.5 to 5.5 hours behind IST
- Handled in India at
- Sub-registrar; district or High Court for probate
- Travel to India
- None for signing
How it works from Europe
We draft the Indian will with assets described as in Indian records and an executor who can act in India. It is signed before two adult witnesses who are not beneficiaries; this is essential, because the handwritten wills valid in much of continental Europe do not meet the Indian requirement of attestation. If you have elected the law of your nationality under the Regulation, we align the wording with your European will. Registration in India is optional and can be done on a visit.
For an estate, we obtain probate or letters of administration in India where required, a succession certificate for bank deposits and securities, and mutation for land and houses. European death certificates and court or notarial papers are apostilled in the issuing country and translated into English by a certified translator. In Mumbai, Chennai and Kolkata probate is compulsory for wills of Hindus, Sikhs, Jains and Buddhists; elsewhere a registered will is normally accepted by revenue authorities directly.
What is different for NRIs in Europe
- Forced heirship in France, Italy, Spain and elsewhere reserves a portion for children under those laws. It does not restrict how a Hindu, Sikh or Christian testator leaves self-acquired property in India.
- The Regulation does not apply in Ireland or Denmark, which follow their own rules.
- Several European countries tax inheritances received by their residents, including assets abroad. India has no inheritance tax to set against it.
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 an Indian will or probate 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 an Indian will or probate, 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 finalise the will for signature before two witnesses, or file the probate petition and take it through citation and evidence. 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 signed or registered will, or the sealed grant for use with banks and registries. Originals are couriered to your address in Europe if you need them.
The law in full
This page covers what changes when you handle an Indian will or probate from Europe. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Will Drafting & Probate. For other matters, see all legal services for NRIs in Europe or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Europe
Can I cover my Indian property in my French or Italian will?
You can, but your heirs would have to prove a translated foreign will in India. A separate Indian will is simpler and avoids conflict between the two legal systems.
Is a handwritten will valid for property in India?
Only if it is signed by you and attested by two witnesses. A holographic will without witnesses, though valid in many European countries, is not sufficient in India.
Does the European Certificate of Succession work in India?
It is useful evidence but has no direct effect. Indian authorities ask for an Indian grant, succession certificate or heirship document.