Immovable property in India passes under Indian law, regardless of the Mauritian forced heirship rules that apply to Mauritian estates. Movable assets in India, such as bank deposits, may be governed by the law of your domicile at death. A separate Indian will, signed in Mauritius in front of two witnesses, simplifies matters. If a will is proved in Mauritius, Indian courts can grant letters of administration with that will annexed under section 228 of the Indian Succession Act.
- Document route
- Mauritian notary or authority, then apostille
- Time difference
- IST is 1.5 hours ahead (no daylight saving)
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Mauritius: how it works
We draft an India-only will that complements your Mauritian estate plan, limited to Indian assets and naming an executor who can act in India. It is signed in Mauritius in front of two adult witnesses who are not beneficiaries; notarisation and apostille are optional but help prove the will later. Your Mauritian notary should confirm that the Mauritian will is limited to non-Indian assets so the two do not revoke each other.
When the time comes, the executor or heirs use the Indian will for mutation and bank transfers, or apply for probate where required, mainly for properties in Mumbai, Kolkata and Chennai. If only a Mauritian will exists and has been proved in Mauritius, we apply in India under section 228. Watch for ancestral or coparcenary property, which may not be fully disposable by will, and for joint accounts and nominations.
What clients in Mauritius should know
- Mauritian forced heirship cannot reach Indian immovable property, but heirs in Mauritius may raise claims over movable assets; plan both sides together.
- Executors living in Mauritius can act in India through an attorney holder, with powers of attorney signed in Mauritius and apostilled.
- Indian estate duty does not currently exist, but income and capital gains on inherited assets are taxed when sold.
Step by step from Mauritius
Video consultation
A call at a time that suits Mauritius, after we have read your documents.
Documents signed in Mauritius
Mauritian notary or authority, then apostille
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 Mauritius where needed.
The full guide
This page covers what changes when you are in Mauritius. 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 Mauritius and the Inheritance & Documents practice area.
Questions from clients in Mauritius
Can my will be in French?
It can, but an English version avoids translation disputes in India.
Do I need to register the will in India?
No. Registration is optional and may reduce the risk of challenge.
Can my heirs in Mauritius manage everything remotely?
Largely, through an attorney holder and our team, with video appearances where courts allow.