Will for NRIs With Property in India: Validity, Execution Abroad and Probate After 2025
An NRI's flat or land in India passes under Indian law wherever the owner lives, because section 5 of the Indian Succession Act applies the law of the place where immovable property sits. A will signed abroad is valid for it if it is in writing, signed and attested by two witnesses. Since 21 December 2025, probate is no longer compulsory anywhere in India.
Key takeaways
- Indian immovable property follows Indian succession law (lex situs), even if you are domiciled in the US, UK or UAE. Movable assets follow the law of your domicile.
- A separate India-only will is usually cleaner than one global will. The danger is a later foreign will whose "I revoke all former wills" clause silently cancels the Indian one.
- You can sign the will abroad with two witnesses of any nationality. Notarisation plus an apostille or Indian consular attestation is not legally required, but makes the will far easier to prove.
- Section 213, which forced probate for wills in the old presidency towns (Mumbai, Kolkata, Chennai), was omitted by the Repealing and Amending Act, 2025. Probate is optional, though banks and societies may still ask for it.
- An executor living abroad can act through an attorney in India under section 241, and a will already proved abroad can be taken to an Indian court under section 228.
Which law decides who gets your Indian property
Section 5 of the Indian Succession Act, 1925 splits your estate in two. Immovable property in India is governed by Indian law, whatever your domicile at death. Movable property, such as bank balances and shares, follows the law of the country where you were domiciled. So a US-domiciled NRI's Pune flat is inherited under Indian law, while an Indian savings account can, in principle, be governed by the law of the NRI's US state.
Without a will, the Pune flat goes to your heirs under the Hindu Succession Act or whichever personal law applies to you, which may not be what you wanted.
Personal law still limits a few testators. A Muslim can bequeath only one-third of the estate by will without the heirs' consent, and under Sunni law a bequest to an heir needs the other heirs' consent after death. A Muslim will also needs no witnesses and can even be oral, though a written one is far easier to prove.
One global will or a separate India will
You can cover everything in one will, but most cross-border advisers recommend a will per country: each runs its own probate process, and an Indian court handles a short India-only document more easily than a long foreign will drafted for another tax system.
| Point | One global will | Separate India will |
|---|---|---|
| Law applied to Indian property | Indian law (s.5), whatever the will says | Indian law (s.5) |
| Proving it in India | Whole foreign document, possibly translated; often proved abroad first, then brought here under s.228 | Proved directly in India; short and in English |
| Revocation risk | Low, if it is the only will | High if a later foreign will has a blanket revocation clause |
| Executor | Often someone abroad, acting here through an attorney (s.241) | Can name an India-based executor |
| Best for | Small estates, one country of residence | Anyone with a flat, land or business in India |
If you use two wills, each should say which assets it covers ("this will disposes only of my property situated in India") and that it does not revoke wills dealing with assets elsewhere. Update them together: every time your foreign lawyer redrafts your US or UK will, check that the revocation clause still carves out India. If you also own in the Gulf, Dubai adds a third system; our guide to wills and inheritance for Dubai property covers the DIFC route.
Signing and witnessing the will abroad
Section 63 of the Succession Act asks for three things: your signature, two attesting witnesses who saw you sign (or heard you acknowledge the signature), and each witness signing in your presence. It says nothing about the witnesses' nationality or where they live, and no stamp paper is needed. Pick adult witnesses who are not beneficiaries and who can be traced later, because a contested will is proved by calling at least one of them.
Formalities that are optional but worth the effort:
- Notarisation: a local notary's seal adds a presumption that the signature is genuine.
- Apostille or consular attestation: in a Hague Convention country an apostille authenticates the notary; elsewhere, attest at the Indian embassy or consulate. Indian courts and registrars take either far more readily than a bare notarised copy.
Registration is optional for any will. It has to be done at a sub-registrar's office in India, not at a consulate, but under section 42 of the Registration Act a testator can also deposit the will in a sealed cover with a registrar personally or through an authorised agent. Our note on registering a will for property sets out the steps and costs, so they are not repeated here.
Probate after December 2025
Until last year, section 213 barred an executor or legatee from establishing any right under a will in court without probate or letters of administration, for wills made by Hindus, Sikhs, Jains, Buddhists and Parsis in, or covering immovable property in, the old presidency towns. The Repealing and Amending Act, 2025 received assent on 20 December 2025 and came into force the next day, omitting section 213. Our explainer on the gift deed versus a will reached the same conclusion.
What has not changed is that probate remains available and is still the strongest proof a will can have. Commentators note that nothing stops a bank, a housing society or a buyer's lawyer from asking for it, and many will continue to do so for a large Mumbai flat. When heirs disagree, or the will cuts someone out, probate settles the question once.
Worked example: probate court fee on a Rs 1.5 crore flat
Maharashtra charges probate court fee at 7.5% on estates above Rs 2 lakh, capped at Rs 75,000. On a Rs 1.5 crore Mumbai flat, 7.5% would be Rs 11.25 lakh, so the cap applies and the fee is Rs 75,000. In West Bengal, fee guides quote 3% with a Rs 50,000 ceiling: 3% of Rs 1.5 crore is Rs 4.5 lakh, so again the ceiling of Rs 50,000 applies. For a family in agreement, skipping probate now saves that money and the lawyers' time; for a disputed estate it is still money well spent.
Executors living overseas
Naming a sibling in Singapore as executor is lawful, but the job is practical: mutation at the municipal office, dealing with the society, tenants and the bank. Two routes help:
- Attorney for an absent executor (section 241): where the executor is outside the state and no executor there is willing to act, the court can grant letters of administration with the will annexed to the executor's attorney, until the executor takes a grant personally. The attorney needs a power of attorney executed abroad with the same care described in our guide to NRI power of attorney for property.
- Will proved abroad (section 228): if a foreign court has already proved the will, an authenticated copy can be produced in India and letters of administration granted with that copy annexed. A translation is needed if the will is not in English or the court's language.
What your heirs can do with the property
Under FEMA, NRIs and OCI cardholders can inherit any Indian property, farmland included, from a person resident in India. A foreign citizen who is neither needs RBI approval to hold it. When heirs later sell, sale proceeds of property inherited from a resident can be repatriated up to USD 1 million per financial year, with Form 15CA/15CB filed first. India has no inheritance tax, but a later sale is taxed as capital gains, with the previous owner's cost and holding period carried over.
Mistakes that undo NRI wills
- A foreign will with a blanket revocation clause signed after the Indian one.
- Witnesses who are beneficiaries, or who cannot be traced when the will is contested.
- Describing property loosely ("my flat in Bangalore") when there are two, or leaving out the plot you bought later.
- Willing jointly held property as if you owned all of it; you can only will your own share.
Frequently asked questions
Is a will made in the US or UK valid for property in India?
Yes, if it meets Indian formal requirements: in writing, signed by you and attested by two witnesses who saw you sign. Indian law governs the Indian property itself under section 5 of the Succession Act. Notarising it and adding an apostille or Indian consular attestation makes it much easier to prove before an Indian court or registrar.
Do NRIs need probate for a flat in Mumbai after December 2025?
Not as a legal requirement. Section 213 of the Succession Act, which made probate compulsory for certain wills in Mumbai, Kolkata and Chennai, was omitted with effect from 21 December 2025. A society, bank or buyer may still ask for probate, and it remains the strongest answer where the will could be disputed.
Should an NRI have separate wills for India and abroad?
Usually yes. A short India-only will is easier to prove here, and your foreign will can deal with foreign assets under local rules. The key drafting point is that each will must state which assets it covers and must not revoke the other; a blanket revocation clause in a later will is the most common way NRIs lose their Indian will.
Can an executor who lives abroad administer the Indian estate?
Yes. Under section 241 the court can grant letters of administration to the absent executor's attorney in India, limited until the executor obtains a grant personally. If the will was already proved abroad, section 228 lets an authenticated copy be brought before an Indian court. Many families simply name an India-based executor to avoid both steps.
Can a foreign citizen child inherit an NRI parent's Indian flat?
An OCI cardholder can inherit any Indian property from a person resident in India under FEMA. Where the parent was an NRI at death, or the child is a foreign citizen without OCI status, check the FEMA route with a bank or lawyer first, because RBI approval may be needed to hold the property.
If you own property in India and live abroad, Realty Hunting can help you keep the flat let, valued and ready for whoever inherits it.
