Key takeaway
A will made abroad can cover Indian assets, but succession to immovable property in India is governed by Indian law, and the will will usually need to be proved in an Indian court. Many NRIs make a separate Indian will for Indian assets, drafted so it does not conflict with their foreign will.
Which law applies
Under Section 5 of the Indian Succession Act, 1925, succession to immovable property in India is regulated by Indian law, wherever the deceased lived. Succession to movable property is generally governed by the law of the deceased’s domicile.
Formal requirements
An Indian will must be in writing, signed by the testator and attested by at least two witnesses (Section 63). A foreign will that does not meet Indian formalities may face difficulties for Indian immovable property.
Using a foreign will in India
- Proved abroad — where a will has been proved by a court abroad, letters of administration with an authenticated copy of that will annexed can be granted in India (Section 228).
- Not proved abroad — a probate or letters of administration petition can be filed in India with the original will.
- Institutions — Indian banks and registrars usually ask for an Indian grant before acting.
Why a separate Indian will helps
- Simpler proof in Indian courts and offices.
- An executor in India who can act locally.
- Clear treatment of Indian property under Indian law.
- Less dependence on foreign court papers and translations.
Avoiding conflicts
A later will can revoke an earlier one. If you make wills in two countries, each should say which assets it covers and that it does not revoke the other. Take advice in both countries.
Common mistakes
- A new foreign will that accidentally revokes the Indian will.
- Only one witness, or witnesses who are beneficiaries where local law objects.
- No executor available in India.
Frequently asked questions
Is my US or UK will valid for my flat in India?
It may be, but it will generally need to be proved in India, and Indian law governs succession to the flat.
Do I need to register my Indian will?
Registration is optional but can help prove it later.
Can a foreign executor act in India?
Yes, after obtaining an Indian grant, usually with local help.
Related LegalCops services
References
- Indian Succession Act, 1925 — Sections 5, 63, 70, 228
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
