An NRI can make a will for assets in India while living abroad. It must be in writing, signed by the testator and attested by two witnesses; stamp paper is not required and registration is optional though advisable. After death, the executor may need probate, a court certificate of the will's genuineness, particularly where the will or property falls under the old Presidency-town rule or where institutions insist on it.
- Formalities
- Written, signed, two witnesses
- Stamp duty
- None on a will
- Registration
- Optional, recommended
- Probate court
- District court or High Court
Why a separate Indian will makes sense
A will made in your country of residence can legally cover assets in India, but using it here is slow. The original is typically lodged with a foreign probate court; an Indian court will want a properly authenticated copy, proof that it was validly executed under the applicable law, and often ancillary proceedings in India. Witnesses are abroad and unfamiliar with Indian procedure.
The practical solution is two wills: one for assets outside India and one confined to Indian assets, each stating clearly that it does not revoke the other. The Indian will is drafted to Indian requirements, names an executor who can act here, and describes each property and account as Indian records describe them. Coordinate the wording with your lawyer abroad so that a standard "I revoke all former wills" clause in one does not cancel the other.
What makes a will valid in India
Under section 63 of the Indian Succession Act, 1925 a will must be signed by the testator, or bear their mark, in the presence of two or more witnesses, each of whom signs in the testator's presence. The testator must be an adult of sound mind acting freely. Witnesses should not be beneficiaries or their spouses: for Christian and Parsi testators a bequest to an attesting witness is void under the Act, and for everyone else it invites a challenge.
No stamp duty is payable. Registration with the Sub-Registrar is not compulsory, but a registered will is harder to challenge as forged, and a will can be deposited in sealed cover with the Registrar for safe custody. An NRI can sign abroad before two witnesses and, for additional weight, before the consular officer or a notary. A will can be changed or revoked at any time, and a later will or codicil prevails.
Muslim testators can bequeath only up to one-third of the estate to non-heirs without the heirs' consent. Coparcenary interests in Hindu ancestral property can be willed to the extent of the testator's own share.
Probate: when it is needed
Probate is the court's certificate that a will is genuine and that the executor may administer the estate. Under sections 57 and 213 of the Indian Succession Act it has traditionally been mandatory for wills of Hindus, Sikhs, Jains and Buddhists made in, or dealing with immovable property in, the territories of the old Presidency towns: broadly Mumbai, Chennai and Kolkata. Elsewhere it is optional in law.
In practice probate is frequently asked for anywhere when the estate is large, the will is unregistered, family members are in dispute, or a bank, depository or housing society wants court protection before acting. Parliament has been reviewing these provisions, so we confirm the current requirement for your city before advising. Where there is a will but no executor able to act, the equivalent grant is letters of administration with the will annexed.
How probate is obtained
The executor petitions the District Judge, or the High Court in cities where it exercises original testamentary jurisdiction, annexing the original will, the death certificate and a schedule of assets. Notice goes to the next of kin and a general citation is published. If no one objects, an attesting witness gives evidence, in person or by affidavit, and the grant issues on payment of court fee, which is ad valorem with a cap in several states.
If an heir files a caveat, the petition becomes a contested suit in which the person relying on the will must prove due execution and dispel any suspicious circumstances, such as an unnatural exclusion of close family or the active role of the main beneficiary. An executor living abroad can act through a constituted attorney.
Foreign wills and resealing
Where a court abroad has already granted probate, Indian law allows ancillary probate here on an authenticated copy of the will and the foreign grant under section 228 of the Act. Without any grant, an NRI family can still rely on the will for mutation in many states, provided other heirs do not object. Once the estate is collected, see succession and inheritance and repatriation.
Mistakes that cost NRIs time and money
- A single worldwide will with a clause revoking "all earlier wills", cancelling the Indian one.
- Witnesses who are beneficiaries.
- Describing property vaguely ("my house in Delhi") instead of as in the title deed.
- Naming only an executor who lives abroad, with no alternate in India.
A typical situation
Two wills that worked together
A doctor abroad owns a flat and investments in India and a home where she lives. Her local will covers assets "outside India" and her Indian will covers "assets situated in India", each saying it does not revoke the other. The Indian will names her niece in India as executor and is registered on a visit. On her death the foreign estate is administered locally, and in India the niece obtains mutation and transmission on the registered will without waiting for foreign probate.
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 revocable living trusts do not automatically carry Indian immovable property; a separate Indian will is still needed.
UK and Europe
English wills commonly revoke all former wills. Tell your solicitor about the Indian will so the clause is limited to non-Indian assets.
UAE and the Gulf
Non-Muslim expatriates who have registered a will in the UAE or elsewhere should still make an Indian will for Indian assets.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
Residents of forced-heirship or community-property systems should note that Indian immovable property passes under Indian law regardless.
Country pages: Australia, New Zealand, Singapore, Malaysia
Detailed country pages for this service: Indian Will and Probate for NRIs in UK, Indian Will and Probate for NRIs in Australia, Indian Will and Probate for NRIs in Oman, Indian Will and Probate for NRIs in Bahrain, Indian Will and Probate for NRIs in Singapore, Indian Will and Probate for NRIs in Germany, Indian Will and Probate for NRIs in Europe
Documents you will need
For drafting a will. For probate we need the original will, death certificate and asset list instead.
- Passport or OCI card and overseas address
- List of Indian properties with title deed copies
- Bank, demat and investment account details
- Names and details of beneficiaries
- Name of executor and alternate
- Details of two adult witnesses
- Any earlier will, Indian or foreign
- Guardian preference for minor children
How we handle it for you
Asset and family review
We note what you own in India, how it is held and the succession law that applies to you.
Drafting
A clear will for Indian assets is prepared, aligned with any will you have abroad.
Execution
You sign before two witnesses, with consular or notarial attestation if you choose.
Registration or deposit
On your next visit, or through the procedure your state permits, the will is registered or deposited.
Probate when the time comes
We act for the executor to obtain the grant and transfer the assets.
Frequently asked questions
Can an NRI make a will for property in India while living abroad?
Yes. The will can be signed anywhere in the world in the presence of two witnesses. It is valid in India if it meets the requirements of the Indian Succession Act or the law of the place where it was made.
Is it necessary to register a will in India?
No. Registration is optional under the Registration Act. A registered will carries greater evidentiary weight and is less open to allegations of forgery or tampering.
Is probate mandatory in India?
It has been mandatory mainly for wills connected with Mumbai, Chennai and Kolkata under the Indian Succession Act. Elsewhere it is optional, though banks, companies and societies may still ask for it in larger or disputed estates.
Is a will made in the USA, UK or Canada valid for Indian property?
It can be recognised, but proving it in India involves authenticated copies, evidence of valid execution and often ancillary probate. A separate will limited to Indian assets is generally easier for the family.
Can a will be challenged in India?
Yes, on grounds such as lack of testamentary capacity, undue influence, fraud, forgery or improper attestation. The person propounding the will must prove its execution and explain any suspicious circumstances.
Can an NRI or foreign citizen be an executor of an Indian will?
Yes. There is no residence requirement, though an executor abroad will need to act through an attorney holder in India and it is sensible to name an alternate executor who lives in India.
Can I write my own will by hand?
Yes. A handwritten will signed before two witnesses is valid. Professional drafting matters where there are several properties, heirs in different countries or anyone who may contest.
Does a will need to be on stamp paper?
No. A will attracts no stamp duty and may be written on plain paper.
