Why NRIs need an Indian Will
Under Section 5 of the Indian Succession Act, 1925, succession to immovable property in India is governed by Indian law, wherever the owner lives. A Will made abroad under foreign rules can be hard to use for an Indian flat or plot.
Without a valid Indian Will, your family may need succession certificates or letters of administration from Indian courts, often while living abroad themselves.
- NRIs and OCIs with a home or land in India
- Parents whose children all live abroad
- Families with assets in two countries
How the NRI Will works
- Consultation at your time
A 120-minute call scheduled around your time zone.
- Drafted for Indian assets
Our legal team drafts a Will covering your Indian property and accounts, without revoking any Will you keep abroad.
- Signed abroad
You sign before two witnesses where you live, and we arrange attestation so the Will is easy to use in India.
- Registered in India
On your next visit, we book the Sub-Registrar in your home city and you register it.
What you get
- An Indian Will limited to Indian assets
- An executor in India named and briefed
- Attestation in your country of residence
- Notarisation support for two years
- Free registration in your home city in India
One Will or two?
Property abroad is governed by the law of that country, and movable property generally follows the law of your domicile. Most NRI families keep two Wills: an Indian Will for Indian assets and a separate Will where they live. Each must say which assets it covers. A standard "I revoke all earlier Wills" clause can accidentally cancel the other, so we draft the revocation clause carefully.
Signing your Will abroad
The rules are the same as in India: you sign, and two witnesses who saw you sign attest it in your presence. The witnesses need not be Indian. Notarising the signatures and getting an apostille (India joined the Hague Apostille Convention in 2005) is not required for validity, but makes the Will easier to use in India later.
Registering an NRI Will in India
Registration is optional. The simplest route is to attend the Sub-Registrar office covering your Indian address on a visit, with two witnesses. If that never happens, your executor or a beneficiary can present the Will for registration after your death under Section 40 of the Registration Act, though that is slower. See registering a Will after death.
Can NRI children inherit property in India?
Yes. NRIs and OCIs can inherit property in India, including agricultural land. Sale proceeds or inheritance can be remitted abroad from an NRO account within the RBI's limit of USD 1 million per financial year, subject to tax paperwork.
On your own vs with WillSetu
| On your own | With WillSetu | |
|---|---|---|
| Which law | Unclear for Indian property | Drafted under Indian law for Indian assets |
| Foreign Will | Can be revoked by accident | Left untouched |
| Signing abroad | Guesswork on attestation | Arranged where you live |
| Registration | Needs a trip and paperwork | Booked for your visit home |
Our promises to you
Not a template. Your Will is written around your family and checked before you sign.
The price and what it covers are agreed before you pay. No hourly billing.
We confirm the right Sub-Registrar, book the slot and tell you what to bring.
Your family and property details are used only to prepare your Will.
Will for NRIs: frequently asked questions
Can an NRI make a Will 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?
No. Registration is optional. It can be done on a visit home, or by the executor after death.
Which law applies to my Indian property?
Indian law. Under Section 5 of the Indian Succession Act, succession to immovable property in India follows Indian law wherever you live.
Will my Indian Will cancel my Will abroad?
Not if it is drafted correctly. We limit it to Indian assets and word the revocation clause carefully.
Can my children abroad inherit my flat in India?
Yes. NRIs and OCIs can inherit property in India and remit proceeds within RBI limits.
Do I need to fly to India?
Not to make the Will. Only registration needs a visit, and it is optional.
General information, not legal advice. WillSetu is not a law firm; see our disclaimer.
Make your Will
Speak to our team for free. We tell you which package suits your family, what it costs and how long it takes, before you commit to anything.