Most NRIs have some combination of assets in India: a flat, bank accounts, fixed deposits, mutual funds, an ancestral property share, gold in a locker. What most NRIs don’t have is a will covering those assets.
The assumption is usually one of these: “My family knows what I want.” “Everything will go to my spouse anyway.” “I’ll sort it out on my next India trip.” “I have a will in the UK/US/UAE — that covers everything.”
Every one of these assumptions is wrong. And the people who pay the price are the family members you’re trying to protect.
What Actually Happens When an NRI Dies Without an Indian Will
Let’s say you’re an NRI in the UAE. You own a flat in Bangalore worth ₹90 lakh, have ₹20 lakh in mutual funds, and ₹10 lakh in an NRO fixed deposit. You have no Indian will. Here’s what your spouse faces:
For the bank accounts and mutual funds
Your spouse needs a succession certificate from an Indian civil court. This means filing a petition, publishing a notice in a national newspaper inviting objections, waiting for objection periods to pass, providing an indemnity bond (sometimes for the full asset value), and attending hearings — either in person or through a Power of Attorney holder. Timeline: 6–18 months. Cost: potentially ₹5–15 lakh including court fees (which can be up to 3% of the estate value in some states like Delhi) and legal fees.
For the property
Your spouse needs to establish herself as a legal heir and get the property mutated into her name. Without a will, the flat doesn’t automatically go to her. Under the Hindu Succession Act, your mother, children, and spouse are all Class I heirs who inherit equally. If your mother is alive and you have two children, your wife gets one-quarter — not 100%. If your religion is different, different succession laws apply with different distribution rules.
During this entire period
The NRO FDs may mature without renewal. The mutual fund portfolio sits unmanaged through market cycles. The flat is unoccupied and vulnerable. And your family is dealing with all of this while grieving, from another country, in a legal system they may not understand.
A simple Indian will — one page, two witnesses — would have prevented all of it.
Why Your Foreign Will Doesn't Cover Indian Assets
This is the most dangerous misconception. Under Indian law, succession to immovable property is governed by the law of the country where the property is located — a principle called lex situs, codified in Section 5 of the Indian Succession Act, 1925. Your flat in India is governed by Indian succession law, regardless of what your American or British will says.
A foreign will can technically be enforced in India, but the process is significantly harder. The foreign will needs to be probated in the foreign country first, then the probated copy must be apostilled, and then filed before an Indian court for letters of administration. Banks and property registrars in India are often unfamiliar with foreign wills and reluctant to act on them without a separate Indian court order.
The practical solution — and what every estate planning professional recommends — is to draft a separate will for your Indian assets. Your foreign will covers assets in your country of residence. Your Indian will covers assets in India. Each operates independently within its own legal system.
The critical drafting point
your Indian will must state that it applies only to Indian assets and does not revoke any will made in any other jurisdiction. Without this non-revocation clause, your new Indian will could accidentally revoke your existing foreign will — or vice versa. This is one of the most common and costly drafting mistakes NRIs make.
How to Make a Valid Indian Will as an NRI
The legal requirements are simpler than most people think. Under Indian law:
Who can make a will
Any person of sound mind who has attained the age of majority (18 years, or 21 if a guardian has been appointed). You do not need to be physically present in India. An NRI can draft and execute a will anywhere in the world, and it will be valid for Indian assets if it meets Indian legal requirements.
What you need
The will must be in writing (handwritten or typed — both are valid). It must be signed by you (the testator). It must be attested by at least two witnesses who also sign in your presence and in the presence of each other. No stamp paper is required. No specific format is required.
Registration
Under the Registration Act, 1908, registration of a will is not mandatory. An unregistered will is perfectly valid. However, registration with the Sub-Registrar’s office is strongly recommended because it creates a strong presumption of authenticity, becomes part of the public record (preventing tampering), and shifts the burden of proof to anyone who challenges it. Registration fees are nominal — typically ₹200 to ₹2,000 depending on the state.
If you can’t visit India for registration, you can get the will notarised and apostilled (or attested by the Indian embassy or consulate) in your country of residence. This gives it additional legal weight when presented to Indian courts or banks.
What Your Indian Will Must Include
A will that’s legally valid but poorly drafted can cause nearly as many problems as no will at all. Here’s what needs to be in it:
Your full identity details
Full name, passport number, permanent Indian address, and current overseas address. This is especially important for NRIs because courts need to establish your identity clearly across two jurisdictions.
A clear declaration
State that this is your will, made voluntarily, while you are of sound mind, and that it applies only to your assets in India.
A detailed asset list
Every Indian asset must be described with enough specificity to eliminate ambiguity. Not “my flat in Mumbai” — instead, the full address, survey number, area, registration details, and ownership status. Not “my bank account” — instead, the bank name, branch, account number, and account type (NRE/NRO/FCNR). Not “my mutual funds” — instead, the AMC name, folio number, and account details.
Named beneficiaries with specific bequests
Who gets what. “I bequeath my flat at [full address] to my wife [full name, passport number].” Be explicit. Vague language like “distribute equally among my family” invites interpretation — and interpretation invites disputes.
An alternate beneficiary
If your primary beneficiary predeceases you, who inherits? Without this, the asset falls into intestate succession despite you having a will — which defeats the purpose.
A resident Indian executor
The person who will carry out the will’s instructions. Choose someone who lives in India, who you trust completely, and who is capable of dealing with banks, courts, and property registrars. For more on executor selection, see our estate planning guide for NRIs.
The non-revocation clause
“This will applies solely to my assets situated in India and does not revoke any will or testamentary document I have made or may make in any other country or jurisdiction.”
Residuary clause
A catch-all provision that covers any Indian asset you may have forgotten to list or may acquire in the future. Without this, unlisted assets fall into intestate succession.
Five Will Mistakes That NRIs Keep Making
Mistake 1: Vague asset descriptions
“My property in India” when you own shares in ancestral property and a self-acquired flat. Which one? Both? Courts interpret, family members dispute, years pass.
Mistake 2: Forgetting movable assets
Your will covers the flat but not the ₹30 lakh in mutual funds, the gold in the bank locker, or the ₹5 lakh in the NRO savings account. Those assets go through intestate succession despite you having a will for everything else.
Mistake 3: No non-revocation clause
You draft an Indian will. Two years later, you update your foreign will. Your foreign will says “this revokes all previous wills.” Your Indian will is now revoked. Your family discovers this only after you’re gone.
Mistake 4: Witnesses who are beneficiaries
Under Section 67 of the Indian Succession Act, if a witness to the will (or their spouse) is also a beneficiary, the bequest to that person becomes void. This is one of the most common technical errors — and it’s entirely avoidable by choosing witnesses who are not inheriting anything.
Mistake 5: Making a will and telling nobody
A will your family can’t find is functionally the same as no will at all. Your executor must know the will exists and where to find it. Your spouse should know. If the will is registered, the Sub-Registrar’s office has a copy — but someone still needs to know to ask for it.
The Nominee Is Not the Owner — This Catches Everyone Off Guard
This is perhaps the most misunderstood aspect of Indian succession. When you nominate someone on a bank account, mutual fund, or insurance policy, the nominee receives the funds immediately upon your death — without waiting for probate.
But legally, the nominee is a custodian, not the owner. The nominee holds the assets in trust for the legal heirs as determined by your will or succession law. If your nominee and your will beneficiary are different people, there’s a legal conflict that can end up in court.
The fix is simple: align your nominees with your will beneficiaries. If your will says everything goes to your spouse, make sure your spouse is the nominee on every account. Review both whenever you update either.
This Is Simpler Than You Think
An Indian will doesn’t require a lawyer, stamp paper, a trip to India, or complicated paperwork. It requires a clear document, two witnesses, and the discipline to actually do it.
If you already have investments, insurance, or property in India, you already have assets that need a will. And if you’re building wealth in India through mutual funds, SIPs, or NRE fixed deposits, you’re increasing the size of the problem every month you delay.
Our team helps NRIs across the US, UK, UAE, Canada, Australia, and Singapore structure their financial affairs in India — investments, insurance, and yes, making sure the wealth you’re building can actually reach your family when it matters.
Frequently Asked Questions
Is registration mandatory for an NRI will in India?
No. Under the Registration Act, 1908, registration of a will is optional. An unregistered will that meets the basic requirements — written, signed by the testator, attested by two witnesses — is legally valid. However, registration is strongly recommended because it creates a presumption of authenticity, becomes part of the public record, prevents tampering, and shifts the burden of proof to anyone challenging the will. Registration fees are typically ₹200–₹2,000.
Can an NRI make a will for Indian assets without visiting India?
Yes. An NRI can draft, sign, and execute a will anywhere in the world, and it will be valid for Indian assets if it complies with the requirements of the Indian Succession Act — written document, signed by the testator, attested by two witnesses. For additional legal strength, the will can be notarised and apostilled in your country of residence, or attested at the Indian embassy or consulate.
Does a will in the US or UK automatically cover Indian property?
No. Succession to immovable property in India is governed by Indian law regardless of where you live. A foreign will can be enforced in India, but the process requires foreign probate, apostille, and then a separate application for letters of administration in an Indian court. This is significantly more complex and time-consuming than having a separate Indian will. Estate planning professionals universally recommend drafting separate wills for each jurisdiction.
What is the difference between a nominee and a will beneficiary?
A nominee on a bank account, mutual fund, or insurance policy receives the funds immediately upon the account holder’s death — but the nominee is legally a custodian, not the final owner. The will determines ultimate ownership and distribution. If the nominee and the will beneficiary are different people, a legal dispute can arise. The practical solution is to align nominees with will beneficiaries across all accounts.
Can a will for Indian assets be challenged?
Yes. A will can be challenged on grounds of fraud, coercion, undue influence, or lack of testamentary capacity (the testator was not of sound mind). However, a registered will is significantly harder to challenge because registration creates a strong legal presumption of authenticity. Clear drafting, proper witness selection (witnesses who are not beneficiaries), and registration together make a will highly resistant to challenge.
Disclaimer: This blog is for informational purposes only and does not constitute legal, financial, or tax advice. Will drafting and estate planning involve complex legal considerations that vary by religion, jurisdiction, and individual circumstances. Succession laws, probate requirements, and tax rules are subject to change. Please consult a qualified legal professional for will drafting and a financial advisor for estate planning decisions. We specialise in Indian financial planning; for legal and tax implications in your country of residence, please consult local professionals.
