A Fiji resident can make a will covering Indian property, signed before two witnesses as required by the Indian Succession Act, and that will can be proved in India after death. Many families prefer a separate Indian will for Indian assets. If the will is proved in Fiji first, letters of administration with the will annexed can be sought in India based on an authenticated copy of the Fiji grant, which saves proving the will twice.
- Document route
- Fiji notary public or commissioner, then apostille (we confirm the current issuing office)
- Time difference
- IST is 6h30 behind Fiji time (Fiji has not used daylight saving in recent years)
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Fiji: how it works
We draft or review the will with your Fiji lawyer, so that one will does not accidentally revoke the other. An Indian will is signed by the testator in the presence of two witnesses who also sign, and it can be signed in Fiji; there is no need to register it, though registration helps prove authenticity. We advise on describing Indian property precisely, naming an executor who can act in India, and avoiding gifts that conflict with Indian personal law or FEMA, such as leaving agricultural land to a foreign citizen who is not of Indian origin.
After death, the executor applies to the Indian court with jurisdiction. In Mumbai, Kolkata and Chennai, probate is required for wills of Hindus covering property there; elsewhere, many families use the will directly for mutation, but banks and buyers often insist on probate or letters of administration. Where a Fiji grant exists, the Indian court may grant letters of administration with the will annexed under the Indian Succession Act on an authenticated copy. Notice goes to legal heirs, and any objection turns the matter into a contested suit.
What clients in Fiji should know
- Fiji wills witnessed by a beneficiary may raise questions in India; use independent witnesses who could later give evidence if needed.
- Video recording of the signing, and a short medical certificate for elderly testators, reduce later challenges in Indian courts.
- An executor living in Fiji can appoint an attorney in India to handle court and revenue steps after the grant.
Step by step from Fiji
Video consultation
A call at a time that suits Fiji, after we have read your documents.
Documents signed in Fiji
Fiji notary public or commissioner, then apostille (we confirm the current issuing office)
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Fiji where needed.
The full guide
This page covers what changes when you are in Fiji. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Fiji and the Inheritance & Documents practice area.
Questions from clients in Fiji
Is a will made in Fiji valid for property in India?
Generally yes, if it complies with the formal requirements. Immovable property in India is governed by Indian law, so the will must be valid under it.
Should I make a separate Indian will?
Often it is cleaner, especially where Indian property is significant. The two wills must be drafted together so that neither revokes the other.
Can the Fiji executor sell Indian property?
Once an Indian grant or recognition is obtained, yes, through a power of attorney if they cannot travel. Tax is deducted at source on the sale.