Can an NRI make a will in India?
Yes — an NRI can make a will for Indian assets
There is no residency or citizenship requirement to make a will covering assets located in India. Any adult of sound mind can do it, from any country, without travelling to India and without a lawyer's signature.
What the law actually requires
Who can make a will
Under the Indian Succession Act, 1925, any person of sound mind who is not a minor may dispose of their property by will. Residency and citizenship are irrelevant — NRIs, OCIs and foreign citizens owning Indian assets can all make one.
Where it can be signed
The will can be signed anywhere in the world. What matters is the manner of signing: you sign in the presence of two witnesses who are both present at the same time and who then sign in your presence.
Who can be a witness
Any adult of sound mind can witness. Do not use a beneficiary or a beneficiary's spouse as a witness — while it does not invalidate the will, it can put the bequest to that person at risk of challenge.
Does it need to be registered?
No. Registration at a sub-registrar office in India is optional. An unregistered will is fully valid; registration simply adds an official record that makes challenges harder.
Does it need to be on stamp paper?
No. A will attracts no stamp duty in India. Plain paper is sufficient — what matters is the content, your signature and the two witnesses.
One will or two?
If you own assets in more than one country, many NRIs make a separate India-only will alongside a foreign will, each expressly limited to its jurisdiction so neither revokes the other.
The conditions for a valid NRI will
- You are an adult of sound mind
- The will is in writing
- You sign it with the intention of giving it effect
- Two witnesses are present at the same time
- Both witnesses sign in your presence
- Beneficiaries are not used as witnesses
Ready to make yours?
Answer a guided questionnaire and get an India-specific will with signing and witness instructions included.
Generate my willCommon questions
- Do I need an Indian lawyer to make the will?
- No. A will does not need to be drafted or signed by a lawyer to be valid. What it does need is accurate asset descriptions, clear beneficiary shares and correct execution.
- Can an OCI card holder or foreign citizen make an Indian will?
- Yes. Anyone who owns assets in India can make a will covering them, whatever passport they hold.
- Does the will need to be notarised or attested by an embassy?
- Neither is legally required. Some people choose notarisation for extra evidentiary comfort, but two witnesses are the legal requirement.
- Can I write the will in English?
- Yes. English is widely used for wills in India and is accepted by courts and registrars.