Inheritance · Wills & Probate

Wills, Probate and Letters of Administration for NRIs

Make a valid will for your Indian assets, or prove a parent’s will in an Indian court — including probate in Mumbai, Chennai and Kolkata where it is compulsory.

  • Wills covering Indian property
  • Probate of a will
  • Letters of administration
  • Petitions signed abroad

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Discuss a Will or Probate

Tell us whether you want to make a will or prove one, and where the assets are.

In short

How wills and probate work

A will lets you decide who receives your Indian assets. Probate is a court’s certification of a will, which authorises the executor to administer the estate. Probate is compulsory for some wills — broadly, Hindu, Sikh, Jain and Buddhist wills relating to property in Mumbai, Chennai and Kolkata — and is often requested elsewhere too.

Common situations

When NRIs Need Help

Both making a will and proving one raise cross-border questions.

Making a will for Indian assets

A separate Indian will can simplify matters for heirs.

Parent’s will and a Mumbai flat

Probate needed before the will can be relied on.

Will made abroad

Whether a foreign will covers Indian property.

Disputed will

Relatives challenging the will’s validity.

No executor named

Letters of administration may be needed.

Executor lives abroad

Acting as executor from another country.

Your options

What We Can Help You With

Through lawyers in the LegalCops directory.

Will drafting

A clear will for Indian assets, with proper execution and witnesses.

Will registration

Optional registration with the sub-registrar for added safety.

Probate petition

Petition to the competent court to prove the will.

Letters of administration

Where there is no executor, or no will.

Contested probate

Defending or challenging a will in court.

Transferring assets

Mutation, transmission and sale after probate.

The law

Laws That Commonly Apply

The Indian Succession Act, 1925 is the main statute.

Making a valid will

  • A will must be signed by the testator and attested by at least two witnesses (Section 63, Indian Succession Act).
  • Registration is optional but can help prove the will.
  • Succession to immovable property in India is governed by Indian law, even if the owner lives abroad.
  • Muslims can generally bequeath only up to one-third of the estate without the heirs’ consent.

Probate and administration

  • Probate is compulsory in the situations set out in Sections 57 and 213 of the Act — broadly Mumbai, Chennai and Kolkata for wills of Hindus, Sikhs, Jains and Buddhists.
  • Letters of administration are granted where there is no executor or no will.
  • A probate petition that is opposed proceeds like a regular suit.
  • Court fees are linked to the value of the estate and vary by state.

Step by step

How a Probate Petition Usually Works

Typical stages

  1. Collect the original will, death certificate and details of the estate.
  2. Sign the petition, affidavit and vakalatnama abroad.
  3. File the petition with the court fee.
  4. Citations to the legal heirs and public notice.
  5. Proof of the will through an attesting witness, if required.
  6. Grant of probate and administration of the estate.

Documents usually needed

  • Original will (and codicils)
  • Death certificate
  • List of legal heirs with addresses
  • Schedule of assets and their values
  • Attesting witness details
  • Executor’s identity documents

From abroad

Handling It While You Live Overseas

Power of Attorney

A trusted person in India can handle local steps under a specific power of attorney, attested or apostilled abroad and stamped in India.

Vakalatnama

Your lawyer appears for you on a vakalatnama, which can usually be signed abroad and sent to India.

Video appearance

Many courts and authorities allow parties abroad to join hearings by video, with permission.

Attesting witnesses

Locate attesting witnesses early — the court may need one to prove the will.

Wills made abroad

Check how a foreign will interacts with your Indian assets.

Original documents

Keep the original will safe; courts require it.

Avoid these

Common Mistakes with Wills and Probate

Common pitfalls

  • A will without two proper witnesses.
  • Relying on a foreign will without checking Indian requirements.
  • Ignoring compulsory probate for Mumbai, Chennai or Kolkata property.
  • Losing track of attesting witnesses.
  • Not updating the will after major life events.

How LegalCops can help

  • Explain the routes available for your situation and state
  • Connect you with a lawyer in India from the LegalCops directory
  • Arrange a phone or video consultation across time zones
  • Point you to guides on documents signed abroad

FAQs

Frequently Asked Questions

Should I make a separate will for my Indian assets?

Many NRIs do, to simplify probate and transfers in India. Make sure the wills do not conflict.

Is registration of a will compulsory?

No, but it can help prove the will later.

Is probate needed for property in Delhi?

It is not compulsory by statute for Hindu wills relating to property outside the specified areas, but some institutions still ask for it.

Can I be an executor while living abroad?

Yes, though you may need a representative in India for practical steps.

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Plan or Prove a Will — From Anywhere

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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. Last reviewed: November 2026.