Does Indian law apply to an NRI's will?
For immovable property in India — land, flats, houses — Indian law governs inheritance regardless of where you live or which country's passport you hold. For movable property — bank balances, mutual funds, shares, jewellery — the law of your domicile typically governs, but in practice, Indian institutions will require an Indian succession certificate or probate before releasing assets. The practical effect: if you have assets in India, you need a will that is valid under Indian law, whatever else you may have in place elsewhere.
The four requirements for a valid Indian will
Under the Indian Succession Act, 1925 (which applies to most NRIs who are not governed by personal law — Muslim NRIs follow Muslim Personal Law), a will is valid if it meets four conditions:
Registration is not required for a will to be legally valid in India, but it significantly reduces the risk of the will being challenged or disputed.
What to include in an NRI's Indian will
A valid will can be brief, but a useful one covers more ground. For NRIs with Indian assets spread across property, bank accounts, and investment portfolios, the following should all appear:
- Your full name, address (overseas and last Indian address), date of birth, and passport number — enough to identify you unambiguously.
- A clear statement that this is your last will and that it revokes all previous wills (if any).
- A description of each Indian asset — property with its registration details, bank accounts with account numbers and branch, mutual fund folios, demat account number.
- The name, address, and relationship of each beneficiary, along with what each receives. If a beneficiary predeceases you, name an alternate.
- The name and contact details of your executor — the person authorised to carry out the will's instructions in India.
- Any specific bequests — jewellery to a particular child, a specific bank account to a sibling.
- If you have minor children or grandchildren, a trustee to manage their inheritance until they reach adulthood.
Choosing an executor — the most important decision
The executor is the person who obtains probate (if required), collects the assets, pays debts and taxes, and distributes what remains to the beneficiaries. For an NRI, the executor should ideally be based in India, trusted, and willing to deal with banks, courts, and government offices on your behalf — potentially for a year or more.
Choosing a co-beneficiary as executor is common and acceptable — naming your spouse or eldest child, for instance. If none of your beneficiaries are in India, consider naming a trusted friend or professional (a CA or lawyer) as co-executor alongside the beneficiary. Multiple executors can act jointly, which adds a check but also requires their joint consent for every step.
A will and a Power of Attorney (PoA) are separate documents with different purposes. The PoA operates during your lifetime and lapses on death. The will operates after death. If your executor needs to act while you are alive and incapacitated — managing property, signing documents — they need a PoA as well as being named in the will. Many NRIs set up both.
Should you register the will?
Registration of a will at the Sub-Registrar's office in India is not mandatory — an unregistered will is equally valid in law. But registration offers two significant advantages: it is far harder to challenge a registered will as forged, and the original document is preserved in a government record (you receive a certified copy; the original stays with the Registrar).
For NRIs who cannot travel to India, registration is still possible. You can grant a special Power of Attorney to a trusted person in India to register the will on your behalf. Alternatively, some Sub-Registrar offices accept wills registered at Indian consulates or embassies abroad, though this varies by jurisdiction.
- Harder to challenge or dispute
- Original preserved in government records
- Banks and courts treat it with greater confidence
- Can be registered by PoA if you cannot travel
- Equally valid in law if properly executed
- More easily challenged as forged or tampered
- Original held by you or your executor — risk of loss
- May require more scrutiny before probate is granted
When is probate required?
Probate is the court process that confirms a will's validity and grants the executor legal authority to act. A 2025 reform deleted the provision that made probate mandatory in certain states, so it is no longer automatically compulsory. However, many banks, property registries, and depositories still insist on probate before releasing assets — particularly for property transfers and large bank balances. Check with the specific institution whether they will act on the will alone or whether they require a probate order.
For NRI estates with property in multiple Indian cities, probate from the High Court of the city where the property is located is often needed. This is why the executor's location and willingness to engage with courts matters so much — an executor who lives abroad or is unwilling to spend time on the process creates the exact delay the will was meant to prevent.
Making a will from abroad — practical steps
An NRI does not need to be physically present in India to make a valid Indian will. The will can be drafted and signed anywhere in the world, as long as the formal requirements are met:
- Draft the will — yourself, with the help of a lawyer in India (via video call), or using a professional service.
- Print and sign every page, with your signature on the last page, in the presence of two witnesses who are physically with you at the time of signing.
- Both witnesses sign the attestation clause on the last page, confirming they saw you sign in their presence and each other's presence.
- Keep the original safely — ideally with your executor or your lawyer in India, and a certified copy with you.
- If you want to register it: grant a special PoA to someone in India to register it at the Sub-Registrar's office, or register it at an Indian consulate if that service is available in your country.
If you have assets in India and abroad — property in Mumbai and a retirement account in the US — you may need two separate wills: one for Indian assets under Indian law, one for foreign assets under the law of the relevant country. The risk with a single global will is that probating it in multiple jurisdictions is slow and expensive, and that the terms of one country's will may inadvertently revoke the other. Cross-link the two wills explicitly to avoid this.
- A will for Indian assets is valid if you are of sound mind, it is in writing, you sign every page, and two non-beneficiary witnesses sign in your presence.
- Include every Indian asset by name and account number — vague descriptions cause disputes.
- Choose an executor who is in India, trusted, and willing to engage with banks and courts.
- Registration is not mandatory but is strongly advisable — harder to challenge, document preserved by the government.
- NRIs can sign a valid Indian will anywhere in the world; registration can be done by PoA in India.
- If you have foreign assets too, consider a separate will for each jurisdiction — one global will creates cross-border probate complications.
- Add nominees to every account as a complement to the will — nominees provide faster interim access, the will governs ultimate ownership.
Frequently asked questions
Can an NRI make a will for Indian property while living abroad?
Yes. A will can be signed anywhere in the world as long as you are of sound mind, it is in writing, you sign every page, and two witnesses sign in your presence. The will is valid under Indian law if these requirements are met, regardless of where you signed it.
Does a will need to be registered in India to be valid?
No — registration is not required for legal validity. An unregistered will is equally valid if properly executed. However, registration makes the will much harder to challenge and preserves the original in a government record, which is why it is strongly recommended for NRIs with significant assets.
Can an NRI register a will without travelling to India?
Yes. You can grant a special Power of Attorney to a trusted person in India to register the will at the Sub-Registrar's office on your behalf. Some Indian consulates also offer will registration services — check with your local Indian consulate.
Who should I name as executor of my Indian will?
Ideally someone based in India who is trusted, organised, and willing to deal with banks, courts, and government offices. A co-beneficiary (spouse or adult child in India) is common. If no beneficiary is in India, a trusted friend, CA, or lawyer can serve as co-executor alongside the beneficiary.
Is probate always required for an Indian will?
Not always — a 2025 reform removed the provision making probate mandatory in most states. However, many banks and property registries still insist on probate before releasing assets, particularly for property transfers and large accounts. Check with the relevant institution.
Do I need two separate wills if I have assets in India and abroad?
Usually yes. A single global will typically has to be probated in every jurisdiction where you hold assets, which is slow and expensive. Separate wills — one for Indian assets, one for foreign assets — are generally faster and cleaner. Cross-reference them explicitly so one does not inadvertently revoke the other.
What happens to Indian assets if an NRI dies without a will?
They are distributed according to Indian succession law — the Indian Succession Act for most NRIs, or personal law (Hindu, Muslim, Christian) depending on religion. The legal heirs must apply to court for a succession certificate or letters of administration, which can take two to three years. A valid will avoids this entirely.
This article is for general information only and reflects rules current as of 2026. It is not legal, tax, or financial advice — rules, rates and procedures can change, so please confirm the current position with a qualified professional before acting.