An NRI can make a valid will for Indian assets while living abroad. Under section 63 of the Indian Succession Act 1925 it must be signed by the testator and attested by two witnesses who each see the testator sign. Registration is optional. After death, probate is compulsory for wills of Hindus, Sikhs, Jains and Buddhists made in, or dealing with immovable property in, Mumbai, Chennai and the Kolkata region; elsewhere banks and authorities often ask for it anyway.
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
- Probate court
- District Judge or High Court
- Foreign grant
- Section 228 letters of administration
Why make a separate Indian will
Section 5 of the Indian Succession Act says that succession to immovable property in India is governed by Indian law, wherever the owner was domiciled. Movable property follows the law of the owner's domicile. In practice this means a flat in Pune or farmland in Punjab will be dealt with under Indian law even if you have lived in Toronto for thirty years.
A will made in your country of residence can be used in India, but it is slower and riskier. It must first be proved where it was made, then brought to an Indian court under section 228, and Indian officials will ask for apostilled copies, translations and affidavits. Some foreign wills also follow forms that India does not recognise for local property, or describe Indian assets too loosely for a sub-registrar or bank to act on.
- Keep the two wills separate in scope. The Indian will should cover only assets in India, and the foreign will should say it excludes them.
- Check the revocation clause. A standard foreign will begins by revoking all earlier wills. Signed after your Indian will, it can cancel it by accident. Each will should revoke only earlier wills dealing with the same assets.
- Name an executor in India, or one who can act through an attorney here, so that nobody has to fly in to deal with banks and registrars.
How to sign an Indian will where you live
Indian law is simple about form. The testator signs or puts a mark on the will, and two witnesses each see the testator sign (or receive the testator's acknowledgment of the signature) and then sign as witnesses. No stamp paper is needed. Notarisation is not required, though a notarised will signed before a notary abroad adds a useful independent record.
- Choose witnesses carefully. Under section 67 a bequest to an attesting witness or the witness's spouse is void, although the rest of the will stands. Use adults who are not beneficiaries and who could be traced later.
- Describe the property precisely: survey or khasra numbers, flat and plot numbers, bank and demat account numbers, and the share you hold.
- Know what you can leave. A Hindu may bequeath self-acquired property and his or her interest in coparcenary property (section 30 of the Hindu Succession Act). A Muslim can generally bequeath only one third of the estate to non-heirs without the heirs' consent.
- Record capacity. For elderly testators, a doctor's note on the same day and a short video of the signing make a later challenge much harder.
Registration under the Registration Act 1908 is optional. It needs the testator to appear before an Indian sub-registrar, so many clients register on a visit home. An unregistered will is equally valid; a registered one is simply harder to call a forgery.
When probate is compulsory
Probate is the court's certificate that a will is genuine and that the executor may act. Section 213, read with section 57, makes it compulsory in some cases; elsewhere it is optional in law but often demanded in practice.
| Situation | Is probate needed? |
|---|---|
| Will of a Hindu, Sikh, Jain or Buddhist made within the original jurisdiction of the Bombay or Madras High Courts, or the old Bengal territories | Yes, compulsory |
| Same communities, will made elsewhere but dealing with immovable property in those areas | Yes, for that property |
| Wills made and property situated elsewhere in India (for example Delhi, Punjab, Gujarat) | Not compulsory, but banks, housing societies and development authorities may insist |
| Wills of Muslims | Not required under section 213 |
| Will already proved in a foreign court | Apply in India for letters of administration with the will annexed under section 228 |
Before filing we ask each bank, registrar or society what it will accept. If none of them needs probate, a registered will plus a mutation application may be enough, which saves months and court fee.
Using a probate already granted abroad
If your parent's will was proved in England, the United States or another country, you do not have to prove it again from scratch. Section 228 allows an Indian court to grant letters of administration with a copy of the authenticated foreign will annexed. The court relies on the foreign grant and does not usually need the attesting witnesses to give evidence again.
You will need a certified copy of the foreign grant and will, authenticated by apostille or by the Indian consulate, a valuation of the Indian assets, and the details of all legal heirs, who receive notice. If the foreign will is not in English, a certified translation is required. Where the foreign will is unclear about Indian assets, or heirs in India object, the matter can turn into a contested case, so we review the foreign documents before filing.
How a probate petition runs
- Petition: the executor files a petition before the District Judge, or the High Court in cities where it has original jurisdiction, with the original will, the death certificate and a list of assets and heirs.
- Witness affidavit: one attesting witness verifies that the will was duly signed. If the witnesses are abroad, their affidavit is signed there and apostilled, and the court may examine them by video.
- Citations and publication: notice goes to every legal heir and is published in a newspaper, inviting objections.
- Grant: if nobody objects and court fee is paid, probate is granted. If someone objects, the petition becomes a contested suit with evidence.
The executor can sign the petition abroad and give a power of attorney to a relative or to our team for the day-to-day steps. Uncontested matters commonly take six months to a year, depending on the court.
No executor, or no will at all
If the will names no executor, or the executor has died or refuses, a beneficiary applies for letters of administration with the will annexed. If there is no will, heirs inherit under personal law (for Hindus, the Hindu Succession Act 1956) and usually do not need any court grant for land: mutation on the basis of a legal heir certificate or family settlement is the normal route. For bank deposits, shares and debts, a succession certificate is often quicker than full letters of administration.
Costs of a will and of probate
Drafting an Indian will is a fixed fee, including a signing checklist for your witnesses abroad. Probate costs have two parts. Court fee is fixed by each state's court fees law, usually as a percentage of the value of the estate in that state, sometimes with a cap, and can be the largest cost on a valuable estate. Professional fees are quoted in writing in stages: petition, publication, grant, and any contest. Once the grant is issued, we can also help move the money out under the repatriation rules.
Documents you need
For a new will, send a list of your Indian assets. For probate, send scans of the following:
- Original will (needed in court later) and any codicils
- Death certificate, apostilled if issued abroad
- Foreign grant of probate, if any, with apostille or consular attestation
- List of legal heirs with addresses and relationship
- Details and valuation of Indian assets: property papers, bank and demat statements
- Passport and OCI card or Indian ID of the executor
- Affidavit of an attesting witness, signed before a notary
- Power of attorney if a representative will act in India
How we handle it for you
Video consultation
In your time zone, we list your Indian assets and family position and decide between a new will, probate or a section 228 grant.
Drafting or document review
We draft the will, or review the original will and foreign grant for gaps.
Signing abroad
Clear instructions for signing with witnesses and, where useful, notarisation and apostille.
Filing in India
Petition, witness affidavits, citations and publication handled by our team.
Grant and transfer
Probate obtained, then mutation, bank claims and repatriation completed.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Is a will made abroad valid in India?
Yes, if it meets the requirements of the place where it was made or of Indian law. For Indian immovable property, a will signed with two witnesses as section 63 requires is the safest.
Must an Indian will be registered?
No. Registration is optional. It needs the testator to appear before a sub-registrar, so it is usually done on a visit to India.
Is probate compulsory in Delhi or Punjab?
Not under section 213 for wills made and property situated there, although some banks and authorities still ask for it.
Can a foreign probate be used directly in India?
Not directly. An Indian court grants letters of administration with the authenticated foreign will annexed under section 228.
Can the executor live abroad?
Yes. The executor can sign the petition abroad and appoint an attorney in India for court appearances.
How long does probate take in India?
Uncontested probate often takes six months to a year. Objections from heirs can extend it considerably.
Can my witnesses be my children?
They can witness, but any gift to a witness or the witness's spouse fails. Independent adults are better.
Is there a time limit for applying for probate?
Courts treat the right as continuing, but long delay invites questions, so apply when a bank or registrar first asks.