NRI Documentation Services

NRI Documentation Services in India

Legal documentation for NRIs and OCI cardholders — Power of Attorney, wills and probate, and succession certificates — prepared and processed in India while you live abroad.

✓ Power of Attorney drafting, attestation and stamping

✓ Wills for your assets in India

✓ Probate and letters of administration

✓ Succession and legal heir certificates

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01 · Power of Attorney

NRI Power of Attorney in India

A Power of Attorney lets a trusted person in India act for you — selling or managing property, appearing in court, dealing with banks or government offices — without you travelling. A PoA signed abroad must be properly attested and then stamped in India before it can be used.

General or special PoA

Drafting a general PoA for ongoing matters, or a specific PoA limited to one task such as a sale or a court case.

Attestation at the Embassy or Consulate

Signing the PoA before an Indian Embassy or Consulate, which attests it for use in India.

Notarisation & apostille

In Hague Apostille countries, notarising the PoA locally and getting it apostilled instead of consular attestation.

Adjudication & stamping in India

Getting the PoA adjudicated and stamp duty paid in India, generally within three months of receiving it in India.

Registration where required

Registering the PoA with the sub-registrar where state law or the transaction requires it.

Revocation of a PoA

Cancelling a PoA by a revocation deed and notice to the agent and the authorities concerned.

How the process usually works

1. Understanding the task and choosing a general or specific PoA.

2. Drafting the PoA in the format accepted by the authority that will rely on it.

3. Signing abroad before the Embassy or Consulate, or a notary followed by apostille.

4. Sending the original to India for adjudication and payment of stamp duty.

5. Registration, if required, and handing it to your representative to act on.

Documents usually needed

• Your passport and OCI card copies

• Passport-size photographs

• ID proof of the person you are appointing (the attorney)

• Property or matter details the PoA covers

• Witness details as required

• Address proof abroad and in India

A Power of Attorney authorises someone to act for you; it does not transfer ownership. Property is transferred only by a registered sale or other conveyance deed.

02 · Will and probate

NRI Will and Probate Lawyer in India

NRIs can make a will for their assets in India. Under the Indian Succession Act, 1925, a will must be signed by you and attested by at least two witnesses. Registration is optional but makes the will harder to dispute. After death, probate confirms the will and the executor's authority.

Drafting an Indian will

A clear will for your property, bank accounts and investments in India, coordinated with any will you have abroad.

Execution & attestation

Guidance on signing and attestation by two witnesses, including when you sign the will abroad.

Registration of the will

Optional registration with the sub-registrar to strengthen the will against later challenges.

Probate petition

Applying to the competent court for probate so the executor can deal with the estate.

Letters of administration

Where there is no executor, applying for letters of administration with the will annexed.

Will disputes & caveats

Filing caveats and challenging or defending a will on grounds such as forgery or lack of capacity.

How the process usually works

1. Listing your assets in India and the beneficiaries.

2. Drafting the will and appointing an executor.

3. Signing and attestation by two witnesses; optional registration.

4. After death: filing the probate petition with the original will and death certificate.

5. Notice to heirs and publication, then grant of probate if no valid objection succeeds.

Documents usually needed

• Original will (for probate)

• Death certificate of the testator

• Details and value of the assets

• Names and addresses of legal heirs

• ID proof of the executor

• Attesting witnesses' details

Probate is mandatory for certain wills, especially those made in or concerning immovable property within Mumbai, Kolkata and Chennai. Elsewhere it is not always compulsory, but banks and authorities often ask for it.

03 · Succession certificate

Succession Certificate for NRIs

When a person dies without a will, a succession certificate from the civil court allows the heirs to collect debts and securities such as bank deposits, shares, mutual funds and other financial assets. Immovable property is dealt with differently, usually through a legal heir certificate and mutation of records.

Succession certificate petition

Filing the petition under the Indian Succession Act, 1925 before the court with jurisdiction.

Legal heir certificate

Obtaining a legal heir certificate from the revenue authorities, often needed for property and pensions.

Bank deposits & accounts

Claiming bank balances, fixed deposits and lockers of the deceased.

Shares & mutual funds

Transmission of shares, debentures and mutual fund units to the legal heirs.

Nominee vs legal heir

Advice where a nominee and the legal heirs differ — a nominee generally receives the asset on behalf of the heirs.

Mutation of property

Updating land and municipal records in the names of the legal heirs.

How the process usually works

1. Collecting details of the deceased's assets and all legal heirs.

2. Filing the petition with the death certificate and asset schedule.

3. Court notice and newspaper publication inviting objections.

4. Hearing, and the court fee payable on the value of the assets.

5. Grant of the certificate and submission to banks or companies.

Documents usually needed

• Death certificate

• Family tree or list of legal heirs

• Details of bank accounts, shares and other securities

• Proof of relationship with the deceased

• No-objection consents of other heirs, where available

• Power of Attorney if you cannot attend

Timelines and court fees vary by state and by the value of the assets. If several heirs live abroad, one heir or a representative can usually handle the case through a Power of Attorney.

Get Your Legal Documents Right — From Anywhere

Speak to a lawyer by phone or video about your Power of Attorney, will or succession matter.

The information on this page is general and is not legal advice. Requirements vary by state, by authority and by the facts of each case — please consult a lawyer about your specific matter.