An NRI inherits assets in India in the same way as a resident. For bank deposits, shares and other debts and securities left without a nomination or will, the heirs obtain a succession certificate from the district court under the Indian Succession Act, 1925. For land and houses no succession certificate is needed: title passes under the will or personal law, and the heirs apply for mutation using the death certificate and proof of heirship.
- Issued by
- District or civil court
- Covers
- Debts and securities
- Typical time
- 4 to 8 months if uncontested
- Court fee
- Varies by state, often a % of value
Which succession law applies to your family
Inheritance in India depends on the religion of the person who died, not on where the heirs live or what passport they hold.
- Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Succession Act, 1956. Where there is no will, the property of a man goes first to his Class I heirs in equal shares: widow, sons, daughters, mother, and the children of any predeceased child. A woman's property goes first to her children and husband.
- Muslims follow their personal law, with fixed shares for sharers and residuaries, and can will away only one-third without the heirs' consent.
- Christians, Parsis and Jews, and anyone married under the Special Marriage Act, are covered by the Indian Succession Act, 1925.
A valid will overrides intestate rules for self-acquired property. Foreign citizenship does not disqualify an heir. For the detail see our guide Can an NRI inherit property in India?
Which document does each asset need
| Asset | What is usually required |
|---|---|
| Bank accounts, fixed deposits, lockers | Nominee claim form; without nomination, a succession certificate or, for smaller sums, an indemnity with legal heir proof |
| Shares, mutual funds, bonds | Transmission to nominee; otherwise succession certificate, probate or letters of administration. See shares transmission |
| Land, house, flat | Will or proof of heirship plus mutation; probate where required |
| Provident fund, insurance, pension | Nominee claim; otherwise succession certificate |
| Whole estate with no will | Letters of administration from the court |
A nominee, it should be said, generally receives the asset as a trustee for the legal heirs and not as owner, so nomination settles who collects, not who finally keeps. The three court documents are compared in this guide.
How a succession certificate is obtained
The petition is filed under section 372 of the Indian Succession Act in the district court where the deceased ordinarily lived, or where any of the assets are if there was no fixed residence. It states the date and place of death, the family members and their addresses, the petitioner's right, and a list of the debts and securities.
The court issues notice to the other heirs and publishes a notice in a newspaper, allowing a period, commonly forty-five days, for objections. If nobody objects, the petitioner's statement is recorded, the other heirs give no-objection affidavits, and the certificate is granted on payment of court fee, which each state fixes differently and which in several states is a percentage of the amount. The court may ask for an indemnity bond with a surety. The certificate is valid across India.
Doing this from abroad
You can petition through a power of attorney holder, usually a relative in India or our advocate. Your affidavits and no-objection statements are signed before the Indian mission or apostilled. Courts regularly record the statement of an heir abroad by video conferencing. Where several siblings live in different countries, the smoothest course is for all to authorise one petitioner and give no-objections, with the money then shared as agreed.
A death that occurred outside India should be registered locally, and the foreign death certificate apostilled or attested, before it is produced in India.
After the certificate: transfer, tax and repatriation
With the certificate the bank closes the account and pays the heirs, and companies register the shares in your name. India has no inheritance or estate tax at present, so receiving the assets is not taxed here; income earned on them afterwards, and gains when you sell, are. Inherited funds are credited to your NRO account and can be repatriated within the annual limit of one million US dollars on production of the inheritance documents and a chartered accountant's certificate. Check whether your country of residence taxes or requires reporting of a foreign inheritance.
Mistakes that cost NRIs time and money
- Applying for a succession certificate for land, where it is not used.
- Leaving out an heir, which invalidates the grant when discovered.
- Not checking for nominations, which would have made the certificate unnecessary.
- Listing only some accounts, then needing an amendment for the rest.
A typical situation
Deposits in three banks, heirs in three countries
A widower dies leaving fixed deposits in three banks without nomination. His children live in three different countries. Two give attested no-objection affidavits and a joint power of attorney; the third petitions through an advocate. After the notice period the court records her statement by video link and grants a certificate listing every deposit. The banks pay into her NRO account and she distributes the shares as agreed in a short written family arrangement.
Illustration only, based on patterns we commonly see. It is not a real client's case and outcomes depend on the facts.
If you live in...
The Indian law is the same wherever you live. These are the points that differ by where you are.
USA and Canada
US heirs should note the Form 3520 reporting threshold for foreign inheritances; Canadian heirs the T1135 threshold once funds are held.
UK and Europe
Where the deceased also left UK assets and a UK grant of probate, an authenticated copy can support the Indian application.
UAE and the Gulf
For a death in the Gulf, the foreign death certificate must be attested by that country's foreign ministry and the Indian mission before Indian courts accept it.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
Heirs in Australia, New Zealand and Singapore can have affidavits notarised and apostilled locally without visiting the mission.
Country pages: Australia, New Zealand, Singapore, Malaysia
Detailed country pages for this service: Succession Certificate India for NRIs in USA, Succession Certificate India for NRIs in UK, Succession Certificate India for NRIs in Australia, Succession Certificate India for NRIs in Saudi Arabia, Succession Certificate India for NRIs in Kuwait, Succession Certificate India for NRIs in Malaysia, Succession Certificate India for NRIs in Europe
Documents you will need
A complete family list and the death certificate are the starting point.
- Death certificate, attested if issued abroad
- List of all legal heirs with addresses
- Proof of relationship: passports, birth certificates
- Details of each account, deposit, folio or policy
- Will, if one exists
- No-objection affidavits from other heirs
- Your passport or OCI and overseas address proof
- Power of attorney for the petitioner
How we handle it for you
Asset and heir mapping
We list every asset, how it is held and whether a nomination exists, and identify the document each institution will accept.
Paperwork abroad
You receive drafts of the power of attorney and affidavits with attestation instructions for your country.
Petition and notice
The petition is filed and the statutory notice is published.
Hearing and grant
Statements are recorded, by video link where needed, and the certificate is issued on payment of fee.
Collection and transfer
We lodge the certificate with banks and companies and follow each claim to payment.
Frequently asked questions
Can an NRI apply for a succession certificate from abroad?
Yes. The petition can be filed through a power of attorney holder, supporting affidavits are attested abroad, and many courts record the heir's statement by video conference.
Is a succession certificate required for immovable property?
No. It applies only to debts and securities such as deposits, shares and bonds. For land and buildings, heirs rely on the will or their heirship under personal law and apply for mutation.
What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate is issued by a revenue authority and identifies the heirs of the deceased, mainly for government dues and mutation. A succession certificate is issued by a civil court and authorises the holder to collect specific debts and securities.
How long does it take to get a succession certificate?
An uncontested petition usually takes four to eight months, largely because of the mandatory notice period and the court's calendar. A contested matter takes longer.
Do NRIs pay tax on inheritance in India?
India currently levies no inheritance or estate tax. Income from the inherited asset and capital gains on its later sale are taxable, with the previous owner's cost and holding period carried over.
What if my sibling in India has withdrawn the money using a nomination?
A nominee holds the amount for all legal heirs. You can demand your share and, if refused, sue for it or seek a succession certificate and recovery. Banks are discharged by paying the nominee, so the claim is against the sibling.
Can the court fee on a succession certificate be reduced?
The fee is fixed by state law, in some states with an upper cap. It cannot be waived, but it is payable only on the debts and securities included, so a nomination-backed asset need not be listed.
What if another heir objects to the certificate?
The court hears the objection and decides who has the better right to the certificate, without finally deciding ownership. A contested matter takes longer and may be converted into a regular proceeding.
