A will made in Pakistan by a person owning property in India is valid in India if it meets the Indian Succession Act: signed by the testator and attested by two witnesses. Probate is compulsory only in some cases, but heirs in Pakistan may face FEMA limits on acquiring the property, so the will should be drafted with those limits in mind.
- Document route
- Pakistani notary and apostille, or Indian High Commission attestation where available
- Time difference
- IST is 30 minutes ahead of Pakistan all year
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Pakistan: how it works
We draft the will under Indian law, describe each Indian property and account, and name an executor in India who can deal with it. Where a beneficiary is a Pakistani citizen, we discuss alternatives such as leaving the property to an Indian relative with a direction to pay value, or leaving movable assets that are easier to deal with. Registering the will in India is optional but helps against later challenges.
When a death occurs, we apply for probate or letters of administration where required, or for a succession certificate for movable assets. We handle notices to other heirs, objections and the court process, and then the mutation or transmission of assets, keeping in mind which heirs can lawfully take title.
What clients in Pakistan should know
- Keep the will simple and consistent with your other documents; contradictions invite litigation.
- Choose witnesses who will be traceable if the will is ever challenged.
- Review the will when citizenship or family circumstances change.
Step by step from Pakistan
Video consultation
A call at a time that suits Pakistan, after we have read your documents.
Documents signed in Pakistan
Pakistani notary and apostille, or Indian High Commission attestation where available
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 Pakistan where needed.
The full guide
This page covers what changes when you are in Pakistan. 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 Pakistan and the Inheritance & Documents practice area.
Questions from clients in Pakistan
Can I make my Indian will while living in Pakistan?
Yes. It must be signed and attested by two witnesses; registration in India is optional.
Can my Pakistani citizen son inherit my Indian flat under my will?
The bequest is valid, but he would need RBI permission to acquire it, so we plan alternatives.
Is probate compulsory?
Only for wills covered by section 57 of the Indian Succession Act, mainly property in Kolkata, Chennai and Mumbai; elsewhere it is optional but sometimes asked for.