What makes it valid
The rules are the same as for any Will under the Indian Succession Act: you sign it, and two witnesses who saw you sign (or heard you acknowledge your signature) sign it in your presence. You can do this abroad. The witnesses do not need to be Indian.
Notarising the signatures where you live, and having them apostilled or attested by the Indian mission, is not required, but it makes the Will easier to use later.
Registering it in India
Registration is optional. If you want it, the simplest way is to attend the Sub-Registrar office covering your Indian address on a visit home, with two witnesses. If that is not possible, the executor or a beneficiary can present the Will for registration after your death, though that is harder.
Assets in India and abroad
Property abroad is governed by the law of that country. Many families keep two Wills: an Indian Will for Indian assets and a separate Will where they live. Each must say which assets it covers, and neither should revoke the other by accident. A standard "I revoke all earlier Wills" clause can do exactly that.
Choose an executor in India
Someone has to deal with banks, the society, the Sub-Registrar and the land records. If your children live abroad too, name an executor in India you trust, so nobody needs to fly in for months.
Inheriting and sending money abroad
NRIs and OCIs can inherit property in India, including agricultural land. Money from an inheritance can be sent abroad from an NRO account within the RBI's limit of USD 1 million per financial year, subject to tax paperwork.
Frequently asked questions
Can an NRI make a Will for property in India?
Yes. An NRI or OCI can make an Indian Will for Indian assets and sign it abroad before two witnesses.
Does an NRI's Will have to be registered in India?
No. Registration is optional. It can be done on a visit home, or presented by the executor after death.
Can my Indian Will cover my house abroad?
Property abroad is governed by local law there. Most families keep a separate Will in that country and make sure the two do not revoke each other.
General information, not legal advice.
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