If you live in Germany and own assets in India, make a separate Indian will for those assets, signed before two witnesses, and coordinate it with your German will so that neither revokes the other. Succession to land and buildings in India is governed by Indian law, whatever your German will or a European Certificate of Succession says. Your parents in India should also have registered wills, since you will be handling their estate from abroad.
- Document route
- Indian Embassy or Consulate attestation
- Time difference
- 3.5 to 4.5 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 Germany
We draft the Indian will in English with each asset described as in Indian records, an executor resident in India or able to travel, and a clause limiting it to Indian assets. If you have chosen Indian or German law for your estate under the EU Succession Regulation, the wording is aligned with your German notary's draft. You sign in Germany before two adult witnesses who are not beneficiaries. Attestation at the Indian consulate is optional but helps prove the signature later. The will can be registered in India on a visit.
After a death, a German certificate of inheritance (Erbschein) is good evidence of who the heirs are but does not transfer Indian assets. For bank deposits and shares we obtain a succession certificate or probate from the Indian court. For immovable property outside Mumbai, Chennai and Kolkata, a registered will is commonly accepted for mutation without probate. German documents are attested by the Indian mission and translated, since apostille is not available between the two countries.
What is different for NRIs in Germany
- German inheritance tax can apply to Indian assets when the deceased or the heir is tax resident in Germany. India has no inheritance tax, so there is nothing to credit; plan with a German adviser.
- German forced-share rules (Pflichtteil) give money claims against the estate under German law. They do not change who takes title to land in India.
- A joint spousal will in the German style (Berliner Testament) is poorly suited to Indian assets. Use individual Indian wills.
Step by step from Germany
Free review call
Calls are held in the German 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 Germany
Where a representative must act for you in India on an Indian will or probate, you sign before the consular officer at the Indian mission for your federal state, since a German apostille is not accepted in India. 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 Germany 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 Germany if you need them.
The law in full
This page covers what changes when you handle an Indian will or probate from Germany. 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 Germany or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Germany
Is my German notarial will valid in India?
A notarial will signed with two witnesses can be proved in India, but it requires translated and attested copies and usually a court process. A handwritten will without witnesses is unlikely to be accepted for Indian property.
Can I choose German law for my flat in India?
A choice of law under the EU regulation binds courts in Europe. Indian courts apply Indian succession law to immovable property in India.
Do my parents in India need probate if they leave a will?
Only if the will or the property is in Mumbai, Chennai or Kolkata, or if a bank or society insists. Elsewhere a registered will usually suffices.