Will Writing for NRIs · Indian Assets · Sign From Abroad

Will Writing Services for NRIs

A will for your Indian property, bank accounts and investments, written by Bar Council-enrolled advocates under Indian law, for people who live abroad. We guide you through signing it correctly from where you are, and plan for the banks, registries and paperwork your family will face.

Tell us where you live and what you own in India. Quote in under 2 hours.

Share your country of residence, your citizenship or OCI status, your main Indian assets, and who you want to leave them to. An advocate from our team will tell you what kind of will you need, how you can sign it from abroad, and what it will cost. No obligation.

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    Indian Law · For Indian assets
    Bar Council Advocates · Not templates
    Sign From Abroad · Guided execution
    Fixed Fee · Quoted upfront

    A will for your Indian assets, written for people who live abroad.

    If you live outside India but own property, bank accounts or investments here, those assets are governed by Indian law, whatever your passport says and whatever the will you made abroad provides. A will that does not meet Indian formalities, or that clashes with your foreign will, can leave your family waiting for years while banks, registries and societies ask for documents they cannot easily produce from another country.

    This page is only for NRIs, OCI cardholders and other people living abroad with assets in India. We draft your will under Indian law, guide you through signing it correctly from where you are, and plan for the practical problems your family will face: an executor in another time zone, nominations that contradict the will, and sending money out of India. If you live in India, see our general page on will writing services in India.

    On this page: Do you need two wills? · Laws that apply · Your status · Making it enforceable · Signing from abroad · Assets · Executor · Probate · After death · Tax · Process · FAQ

    Do you need a separate Indian will?

    If you own Indian property or hold Indian accounts and investments, usually yes. Succession to immovable property in India is governed by Indian law wherever you live, and Indian banks, registries and depositories work from documents that meet Indian rules. A separate Indian will keeps your Indian estate in one clean document, avoids the delay of proving a foreign will, and means your family does not have to argue about foreign law.

    Many guides stop there and tell NRIs to make “two wills”. The trap is in the wording. Most wills contain a clause revoking all earlier wills. If your foreign will says that, it can wipe out your Indian will, and the reverse. Three rules avoid this:

    • Each will states that it covers only the assets in its own country.
    • Neither will contains a blanket revocation of “all prior wills”. Each revokes only earlier wills for its own assets.
    • The two wills are checked together, including the executor, the definitions and who gets the residue.

    We draft the Indian will and read the wording of your foreign will against it. We do not advise on foreign law. We work with your lawyer abroad on the points where the two wills touch. In a few cases one will can work, for example when your Indian assets are small and financial. If that is your case, we say so rather than sell you a second document.

    The Indian laws that govern an NRI’s will.

    Six sets of rules decide whether your will works for Indian assets.

    1. Indian Succession Act, 1925

    Under Section 5, succession to immovable property in India follows Indian law, wherever you were domiciled when you died. For movable assets such as bank balances and shares, the law of your domicile applies in principle, but Indian institutions will still ask for documents in the Indian form.

    2. Execution rules

    Section 63 sets how a will is signed and attested: your signature, and two witnesses who each see you sign and sign in your presence. A will that fails this is the easiest kind to challenge.

    3. Personal law

    Whether you can leave your whole estate to anyone you choose depends on your personal law, not on where you live. A Muslim testator can generally dispose of only up to one third of the net estate by will, unless the heirs consent. Goa has its own succession rules. See which law governs your will.

    4. FEMA, 1999

    Decides who abroad can hold or inherit Indian assets, which accounts they sit in, and how money can leave India. Your status as an NRI, OCI or foreign citizen matters.

    5. IT Act, 2000

    Wills are excluded from electronic signatures. An e-signed or video-witnessed will is not valid in India, so signing has to be on paper, in person, before witnesses.

    6. Registration Act, 1908

    Registering a will is optional, and a will needs no stamp duty. Registration makes forgery claims harder to sustain, and it usually needs you to appear in person.

    NRI, OCI or foreign citizen: why your status matters.

    FEMA treats people living abroad differently, and it affects what your heirs can do after they inherit.

    NRI (Indian citizen living abroad)

    Your heirs can inherit residential and commercial property, and also agricultural land, a plantation or a farmhouse. An NRI cannot buy agricultural land, but can inherit it, and generally can sell it only to a resident Indian citizen.

    OCI cardholder

    Generally treated like an NRI for inheriting immovable property, with the same limits on agricultural land, plantations and farmhouses.

    Foreign citizen of Indian origin

    Can inherit from a person resident in India. Some steps, such as sending sale proceeds out of India or holding certain property, can need extra conditions or RBI permission. We check before drafting.

    Heirs who are resident in India

    Usually the simplest route. The bequest passes as a domestic matter, with the tax consequences on any later sale.

    How to make your will enforceable in India.

    Nine points that decide whether banks, registries and courts accept it.

    1. Written, signed by you

    Handwritten or typed, signed at the end by you. Initial every page so pages cannot be swapped.

    2. Two attesting witnesses

    Both present when you sign, each signing in your presence. Choose adults who are not beneficiaries or their spouses.

    3. Sound mind and free will

    You understand what you own and who your family is, and nobody pressures you. Where age or health makes a challenge likely, we add a doctor’s note.

    4. Precise Indian assets

    Full address and survey or flat number, bank and branch, account number, demat DP and client ID, folio numbers. “My house in India” is the commonest cause of dispute.

    5. English, plain wording

    Written in clear English so officials can follow it. A will in another language needs a certified translation before Indian authorities will use it.

    6. A named executor in India

    An executor and an alternate who can act in India. A relative abroad can be added, but an executor who can visit a bank is worth more.

    7. Personal law respected

    The will works inside the limits of your personal law, so it is not partly undone later.

    8. Consistent with nominations

    Nominations on accounts, funds and insurance should match the will, or the family faces competing claims.

    9. Kept safely and found

    The original is stored somewhere your executor can reach, and copies are shared. A will nobody can find does not help.

    Signing your will from abroad: what works, and what does not.

    You do not have to come to India to make a valid will. You do have to sign it properly. These are the routes we set up.

    • Sign where you live. We send an execution pack with instructions. You sign it in front of two adult witnesses in your country, who sign as attesting witnesses. We check the signed pages before you post the original to your executor or to us. Notarisation is not required for validity in India, but a notary’s attestation, and an apostille where your country allows, can help an Indian office accept the will without questions.
    • Sign during a visit to India. We arrange the witnesses, and if you choose to register, the sub-registrar appointment the same trip. This is the strongest route, because registration normally needs your personal appearance.
    • Sign at an Indian mission, where available. Some missions notarise or attest documents. This can help with authentication but does not replace the two attesting witnesses.

    What does not work: an e-signature, a will witnessed over a video call, or a will signed in a different order from the one the rules set out. Indian law excludes wills from the electronic signature rules, so the signing has to be done in person, on paper.

    Registering is optional. If you want it and cannot travel soon, we tell you what is possible from your country at that time, because the position depends on the registrar and the type of document.

    Asset by asset: what goes wrong, and what we put in the will.

    NRI estates tend to hold the same types of asset. Each has its own trap.

    NRE, NRO and FCNR accounts

    Banks ask for the will or a legal heir certificate, and the nominee is often not the owner. We name the heirs, keep nominations consistent, and note which funds may be sent abroad.

    Shares and demat accounts

    Transmission needs the will or heirship documents and forms for each depository and company. Listed and unlisted shares follow different routes. See corporate lawyers in India for company interests.

    Mutual funds

    Each fund house has its own claim process. We list folio numbers and align nominations.

    Flats, houses and land

    Needs a clear description and a clean title. If you are unsure of your title papers, an Indian legal opinion on property title can be done before you draft.

    Agricultural land, plantations, farmhouses

    You can leave them to an NRI or OCI heir, but the heir generally can only sell them to a resident Indian citizen. We plan for who will hold them.

    Insurance, EPF, PPF and NPS

    These often pass by nomination, not by will. We map them, so the will does not contradict them or leave a gap.

    Family business or company interests

    Needs a plan for who runs it and how shares move. Charter documents and partner agreements can limit what a will can do.

    Locker, jewellery and digital assets

    Bank lockers need a nominee and a record of contents. We include movable items and digital accounts so nothing is overlooked.

    Your executor, your guardian, and a power of attorney.

    Executor. The person who carries out your will in India needs to be able to go to banks, a sub-registrar and, if needed, a court. Name a primary and an alternate, and choose at least one who is in India and is willing to act. A professional executor is possible when no family member can.

    Guardian for minor children. Where your children live decides who has custody, and that is usually the law of the country they live in. A guardian clause in your Indian will may not bind a court abroad. We coordinate it with your will there.

    Power of attorney. A registered power of attorney helps a relative manage your Indian property while you are alive. It ends when you die, so it does not replace a will.

    Probate for an NRI will after the 2025 change.

    For years, the usual advice was that an NRI will needed probate from an Indian court. Section 213 of the Indian Succession Act, 1925 made probate mandatory in some cases, mainly for wills of Hindus, Sikhs, Jains, Buddhists and Parsis in Mumbai, Chennai and Kolkata. The Repealing and Amending Act, 2025, which received assent on 20 December 2025, removed that section. Probate is no longer a legal precondition to claiming under a will. It is still available. The detail is on our page about will writing services in India.

    In practice some banks, housing societies and registries may still ask for probate or letters of administration, and a will made abroad often draws more questions than one made in India. We build the will so that it can stand without probate, and we tell your executor when probate is still worth seeking: a contested will, a high-value property in Mumbai, Chennai or Kolkata, or an office that will not move without it.

    What your family does after you die.

    The steps we explain to your executor, so nobody works it out in the middle of a crisis.

    1. Get the documents

    Death certificate, in an attested or apostilled form if issued abroad, the original will, and ID of the executor and the heirs.

    2. Notify the institutions

    Banks, depositories, fund houses, insurers and the property society, with a certified copy of the will.

    3. Transfer property

    Mutation of the property records in the heirs’ names, and the sub-registrar or society records where needed.

    4. Claim the accounts

    Closure or transfer of each account, with funds credited to an NRO or resident account as the rules require.

    5. Settle tax

    Clear tax dues and file the returns that apply to the estate before money is sent abroad.

    6. Send money abroad

    Remittance through an NRO account with the CA certificate and the forms the bank requires, within the annual limit that applies. We confirm the current limit at the time.

    Tax on inheriting Indian assets.

    • No inheritance tax in India. India has no estate duty or inheritance tax, so an heir does not pay tax simply for receiving an asset under a will.
    • Tax on later sale. When an heir sells inherited property or shares, capital gains tax applies, and the holding period and cost of the person who left it are generally taken into account. A buyer deducts tax at source when buying from a non-resident seller, at higher rates than for a resident.
    • Your own country may tax or require reporting. Estate and inheritance tax, and reporting of foreign assets, depend on where you and your heirs live. We do not advise on foreign tax. We tell you what to ask your adviser there.

    We are not tax advisers. Where the structure turns on tax, we work with your chartered accountant.

    How we make your NRI will.

    1. Scoping call. Where you live, your status, your Indian assets, your family, and any will you already have abroad.
    2. Quote and plan. A fixed fee and a plan for the will, the signing route and the executor.
    3. Draft. A plain-English draft under Indian law. You review it and we refine it.
    4. Signing. The execution pack, instructions and a check of the signed pages. Registration if you choose it.
    5. Safekeeping and handover. Where the original is kept, and a note for your executor on what to do first.

    What to send us

    • ID, your country of residence and your status (NRI, OCI or other).
    • A list of Indian assets with the details above, and the title papers for any property.
    • Names, ages and relationship of the people you want to leave things to.
    • Any existing will, in India or abroad, and any nominations you filed.

    We reply with a scope and a fixed fee, usually within 2 hours. The fee depends on how many assets and heirs there are and whether a trust or a second will needs checking. We tell you the timeline with the quote.

    This page is general information and is not legal advice. An advocate-client relationship starts only when we confirm an engagement in writing.

    Executor or property in an Indian city?

    Local registration and practical help.

    Wills where the property or executor is in Mumbai.

    Wills where the property or executor is in Delhi.

    Wills where the property or executor is in Bangalore.

    Wills where the property or executor is in Hyderabad.

    Wills where the property or executor is in Pune.

    Wills where the property or executor is in Ahmedabad.

    Wills where the property or executor is in Jaipur.

    Wills where the property or executor is in Gurugram.

    Drafting and registration support in Lucknow.

    Related India pages

    For the work around an NRI will.

    Wills for people who live in India, personal law and registration.

    Title and FEMA opinions on Indian property.

    Company interests, shares and business succession.

    All our services across India.

    Will writing for NRIs: questions we get

    Do NRIs need a will for assets in India?
    Yes, if you own property, bank accounts or investments in India. Without a will, your Indian assets pass under the intestacy rules of your personal law, which may not match your wishes and often lead to a longer process for your family.
    Do I need a separate will for my Indian assets?
    Usually yes, if you own Indian property or hold Indian accounts or investments. Make sure each will covers only the assets in its own country and that neither revokes the other. We check your foreign will for this.
    Can an NRI make a will without coming to India?
    Yes. You can sign it where you live, in front of two adult witnesses who also sign as attesting witnesses. Registration usually needs you to appear in person, but it is optional.
    Can I make or sign my will online?
    No. Indian law excludes wills from electronic signatures, and a will witnessed over a video call is risky. The will should be signed on paper, in person, in front of two witnesses. We can prepare and review the document online.
    Do I need notarisation or an apostille for an NRI will?
    Not for validity under Indian law. Notarisation, and an apostille where your country allows, can help Indian offices accept a will signed abroad, so we advise it when your will will be used by banks or registries.
    Is a will made abroad valid for Indian property?
    It can be, if it meets Indian formalities, because Indian property is governed by Indian law. In practice a will that follows Indian execution rules is far easier to use. A will made abroad often draws extra questions from Indian banks and registries.
    Do NRIs have to pay inheritance tax in India?
    No. India has no inheritance or estate tax. Tax can apply when the heir later sells the property or shares, and your own country may have its own inheritance tax or reporting rules.
    Is registration of a will mandatory in India?
    No. A will is valid without registration, and no stamp duty applies to a will. Registration makes a forgery claim harder to sustain and usually needs the testator’s personal appearance.
    Is probate still required for an NRI will?
    Not legally. The Repealing and Amending Act, 2025 removed Section 213 of the Indian Succession Act, which had made probate mandatory in some cases. Probate remains available, and some institutions may still ask for it. We tell your executor when it is worth seeking.
    Can an OCI or foreign citizen inherit property in India?
    An OCI cardholder is generally treated like an NRI. A foreign citizen of Indian origin can inherit from a person resident in India, but some steps may need extra conditions or RBI permission. We check your heirs’ status before drafting.
    Can my heirs send inherited money out of India?
    Generally yes, through an NRO account, with a CA certificate and the forms the bank asks for, within an annual limit set by the RBI. The rules change, so we confirm the current position when the heirs are ready to remit.
    What is more powerful than a will?
    Nothing overrides a valid will as a plan for who owns your assets at death, but some assets pass outside it. A registered gift deed transfers ownership now, a trust holds assets for named beneficiaries, and a nomination can pass an account or policy to a named person. We align them with the will so they do not conflict.
    Prakhar Rai

    Prakhar Rai | Advocate and Founder

    Written and reviewed by an advocate.

    This page is written and reviewed by Prakhar Rai, an advocate enrolled with the Bar Council of India, an alumnus of the National Law School of India University (NLSIU), Bangalore, with a Master of Business Laws, and the founder of My Legal Pal. His practice covers wills and succession planning alongside corporate and commercial work for clients in India and abroad.

    Reviewed for legal accuracy by Prakhar Rai, Advocate (Bar Council of India). Last updated: November 2026.

    Protect your Indian assets from where you live.

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