A resident of Oman can make a valid Indian will covering assets in India, signed by the testator and attested by two witnesses, either in Oman or during a visit to India. Registration is optional but useful. Where the will must be proved, probate is obtained from the Indian court where assets lie, and it is compulsory for certain wills made in or covering property in Mumbai, Kolkata and Chennai. Assets in Oman need separate planning under Omani rules.
- Document route
- Omani notary public (Ministry of Justice and Legal Affairs), then apostille from the Omani Ministry of Foreign Affairs
- Time difference
- IST is 1h30 ahead of Oman time all year (no daylight saving)
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Oman: how it works
We take instructions by video, list the Indian assets and heirs, and draft a will that names an executor and deals with each property clearly. You sign in Muscat before two witnesses who are not beneficiaries, and we recommend a short affidavit of execution by a witness, notarised in Oman and apostilled, to make later proof easier. If you visit India, the will can be registered with the sub-registrar. A separate will or arrangement for Omani assets may be advisable, and we coordinate with your adviser in Oman.
After death, the executor or beneficiaries apply for probate or letters of administration in the court with jurisdiction over the Indian assets. Notices go to the heirs, and if no one contests, the court grants probate, which banks, registrars and housing societies then act on. A contested probate becomes a full trial. Executors abroad can apply through an apostilled power of attorney and give evidence by affidavit and video, so the process need not wait for anyone to travel from Oman.
What clients in Oman should know
- Omani rules on inheritance for non-Muslim expatriates and their local assets differ from Indian law, so an Indian will should state clearly that it covers Indian assets only, unless advised otherwise.
- Witnesses in Muscat may later be hard to trace; choosing witnesses who will remain in contact, or recording an execution affidavit at once, reduces the risk of a contested probate.
- Inheritance itself is not taxed in India, but income and gains on inherited Indian property are, and repatriation to Oman needs Forms 15CA and 15CB.
Step by step from Oman
Video consultation
A call at a time that suits Oman, after we have read your documents.
Documents signed in Oman
Omani notary public (Ministry of Justice and Legal Affairs), then apostille from the Omani Ministry of Foreign Affairs
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 Oman where needed.
The full guide
This page covers what changes when you are in Oman. 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 Oman and the Inheritance & Documents practice area.
Questions from clients in Oman
Must my will be registered in India?
No. Registration is optional, though it helps prove the will exists and was genuinely executed.
Can my executor live in Oman?
Yes. An executor abroad can apply for probate through a lawyer and power of attorney, and most steps can be completed remotely.
Is probate needed for a flat in Kerala?
Generally not compulsory outside the presidency towns, but banks or buyers may still insist on it if the heirs disagree.