NRI Inheritance

NRI Inheritance Lawyer in India

Legal help for NRIs and OCIs to inherit and transfer property, bank accounts and other assets of a family member in India — from probate and succession certificates to sale and remittance, while you live abroad.

✓ Probate, letters of administration and succession certificates

✓ Transfer and mutation of inherited property

✓ Claiming bank accounts, deposits and shares

✓ Will drafting and disputed wills

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Tell us about the inheritance and where the assets are, and our team will call you back.

Understanding the basics

How Inheritance Works in India

When a person dies leaving a valid will, their property passes according to the will. When there is no will, it passes to the legal heirs under the succession law that applies to that person.

Living abroad does not stop you from inheriting. But before assets can be transferred, banks, registrars and courts usually need proof of your right — such as a probate, succession certificate or legal heir certificate.

Which succession law applies?

• Hindus, Sikhs, Jains and Buddhists: Hindu Succession Act, 1956

• Muslims: Muslim personal law

• Christians and Parsis: Indian Succession Act, 1925

• Wills and probate are generally governed by the Indian Succession Act, 1925

• The applicable law depends on the deceased person, not on where the heirs live

Our services

Inheritance Legal Services for NRIs

Legal assistance may be required for:

Probate of a will

Applying to court to prove a will so the executor can deal with the estate, including where probate is mandatory.

Letters of administration

Where there is no executor, or no will, obtaining court authority to administer the estate.

Succession certificate

Court certificates to collect debts, bank balances and securities of the deceased.

Legal heir certificate

Obtaining a legal heir certificate from the local authority, often needed for pensions, mutation and records.

Transfer & mutation of property

Updating land, municipal and society records in the names of the heirs after a death.

Bank accounts, deposits & shares

Claiming bank balances, fixed deposits, demat holdings, insurance and other financial assets.

Wills for NRIs

Drafting a clear will for your assets in India, with proper witnessing and optional registration.

Disputed & contested wills

Challenging forged or doubtful wills, or defending a will in contested probate proceedings.

Sale & remittance of inherited assets

Selling inherited property and remitting the proceeds abroad, in line with FEMA and tax rules.

How the process usually works

1. Share details of the deceased, the heirs and the assets through the call-back form or a consultation.

2. Review of the will (if any), the applicable succession law and the documents available.

3. Advice on whether probate, a succession certificate or a legal heir certificate is needed.

4. Filing applications, publishing notices and handling objections, if any.

5. Transfer of assets to the heirs, with a Power of Attorney holder acting for you in India where needed.

Documents usually needed

• Death certificate of the deceased

• Original will, if any

• Family tree / list of legal heirs

• Property papers, bank and investment details

• Passport / OCI copies of the heirs

• No-objection or consent letters from other heirs, where available

Discuss your inheritance

Common problems

Inheritance Problems NRIs Often Face

Relatives refusing to share

Family members in India who control the assets and refuse to recognise the share of heirs abroad.

Nominee claiming ownership

A nominee in a bank account or policy usually receives the asset to pass on to the legal heirs, and does not automatically become the owner.

Forged or doubtful wills

Wills that appear suddenly, are not properly witnessed or leave out close family members.

Missing documents

Old or missing title deeds, unregistered property and records not updated for decades.

Heirs in different countries

Several heirs living in different countries, making consents, signatures and decisions slower.

Delays with banks & registrars

Repeated requests for documents and long delays in releasing assets or updating records.

Key points for NRIs

NRIs and OCI cardholders can inherit property in India, including agricultural land, under FEMA rules.

A will must generally be signed by the person making it and attested by at least two witnesses; registration is optional but useful.

For wills relating to property in Mumbai, Kolkata and Chennai, probate is generally required before the executor can act.

Many steps can be handled through a Power of Attorney holder and your lawyer, without frequent travel.

Remitting inherited money abroad

• Inherited funds and sale proceeds are usually credited to your NRO account

• Remittance abroad is allowed within the RBI's annual limit, subject to tax compliance

• A chartered accountant's certificate (Form 15CB) and Form 15CA are usually needed

• Capital gains tax may apply when you sell inherited property

• Keep proof of inheritance — will, probate or succession documents — for the bank

Inherit and Transfer Assets in India — From Wherever You Live

Speak to an inheritance lawyer in India by phone or video about probate, succession and transferring a family member's assets.

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The information on this page is general and is not legal or tax advice. Inheritance rights depend on the personal law that applies, any will, the documents and the state where the assets are located — please consult a lawyer about your specific matter.