Question 1

How do I make a will in India?

Accepted Answer

Put your wishes in writing, sign the document yourself, and have two or more witnesses attest it. Section 63 of the Indian Succession Act, 1925 requires that each witness has seen you sign, or received your personal acknowledgement of the signature, and that each witness then signs the will in your presence. Beyond that, the content is up to you: identify yourself, appoint an executor, describe each asset clearly, name beneficiaries and shares, and add a residuary clause for anything not listed.

Question 2

Is there an official will format prescribed in India?

Accepted Answer

No. Indian law prescribes no form, and section 63 states expressly that no particular form of attestation is necessary. The conventional clause order used by most Indian wills is practice rather than a statutory template — it exists to remove ambiguity.

Question 3

Can a will be written on plain paper?

Accepted Answer

Yes. A will in India can be written on ordinary paper. Nothing in the Indian Succession Act, 1925 requires special stationery, and a plain-paper will that is properly signed and attested is as valid as any other.

Question 4

Does a will need stamp paper?

Accepted Answer

No. Wills are not instruments that attract stamp duty in India, so stamp paper adds cost and nothing else. The requirements are writing, signature and attestation by two or more witnesses.

Question 5

Does a will need to be notarised?

Accepted Answer

No. Notarisation is not among the execution requirements in section 63 of the Indian Succession Act, 1925. Some people add a notary stamp as independent evidence of the date and place of signing, but it is never a substitute for the two attesting witnesses.

Question 6

Does a will need to be registered?

Accepted Answer

Generally, no. Section 18 of the Registration Act, 1908 lists wills among the documents whose registration is optional, and an unregistered will that is properly executed is valid. Some families register anyway for the evidentiary comfort of a copy held at the sub-registrar's office.

Question 7

Can a will be handwritten?

Accepted Answer

Yes. Handwritten and typed wills are both valid in India. A typed will is usually preferred because it is easier to read and less open to argument about what a word says.

Question 8

What language should an Indian will be written in?

Accepted Answer

Any language the person making the will understands. English is widely used and is accepted by Indian courts, banks and sub-registrars.

Question 9

Can I create an Indian will online?

Accepted Answer

Yes, you can prepare the document online — but it only becomes a will once it is printed, signed by you on paper, and attested by two witnesses. Indian law does not currently provide for a purely electronic signature on a will, so the physical execution step still matters.

Question 10

Can an NRI make a will in India?

Accepted Answer

Yes. There is no bar on a Non-Resident Indian making a will covering assets situated in India, and the execution requirements are the same as for a resident. Most NRIs make a will limited to their Indian assets so it sits alongside a will made where they live.

Question 11

Can I create an Indian will while living abroad?

Accepted Answer

Yes. The Indian Succession Act, 1925 sets out how a will must be executed but does not require the signing to happen inside India. You can prepare and sign an India-specific will where you live, provided the section 63 formalities are followed.

Question 12

Does an NRI need a separate Indian will?

Accepted Answer

It is not legally required, but it is usually the cleanest approach. A will limited to Indian assets is easier for an Indian bank, registrar or court to act on, and it avoids the delay of proving a foreign document in India.

Question 13

Can an NRI sign an Indian will outside India?

Accepted Answer

Generally yes. What matters is that you sign the will and that two or more witnesses attest it in the manner section 63 describes — each witness signing in your presence. The witnesses do not have to be in India or be Indian nationals.

Question 14

Can my executor live outside India?

Accepted Answer

Generally yes — Indian law does not require an executor to be resident in India. The practical issue is reach, because probate, bank formalities and property mutation usually need someone present in India, so many NRIs appoint an India-based alternate or empower the executor to act through an attorney.

Question 15

Should my Indian will revoke my foreign will?

Accepted Answer

No — limit the revocation clause to earlier wills dealing with your Indian assets. A blanket 'I revoke all prior wills' in an India-specific document can unintentionally cancel the will you made in your country of residence.

Question 16

Can an NRI leave Indian property through a will?

Accepted Answer

Yes, to the extent the property is yours to dispose of. A will can deal with self-acquired immovable property in India; interests held as a coparcener in a Hindu Undivided Family, or property with disputed title, need advice from an advocate in India before drafting.

Question 17

How should property be described in an Indian will?

Accepted Answer

Describe it so that a stranger could identify it without asking the family: full address, flat and building name, survey or plot number, area, the society or apartment association, and whether you own the whole property or a stated share. Vague descriptions are the most common cause of delay in transferring Indian property.

Question 18

Can children living abroad inherit Indian property?

Accepted Answer

Generally yes. Non-resident Indians, OCI cardholders and foreign citizens can ordinarily inherit immovable property in India, though acquiring agricultural land, plantation property or a farmhouse is subject to restrictions under FEMA and may require approval.

Question 19

What happens to Indian property if there is no will?

Accepted Answer

The property passes under the intestate succession rules that apply to the deceased, which depend on their personal law. Heirs typically need a legal heir certificate or succession certificate, and disagreement between heirs is common — a will avoids most of that.

Question 20

Can I leave a share of a jointly owned property?

Accepted Answer

You can leave your own share, not the whole property. State clearly in the will what proportion you hold, because a clause that appears to bequeath the entire property when you own half creates an obvious dispute.

Question 21

Can NRE and NRO accounts be included in a will?

Accepted Answer

Yes. NRE, NRO and FCNR accounts can all be dealt with in an Indian will. List each separately by bank, branch and account type; there is no need to write the full account number, and the last four digits are normally enough to identify it.

Question 22

Can demat holdings be included in a will?

Accepted Answer

Yes. Identify the depository participant and the demat account, and list each account separately if you hold more than one. Your executor or the beneficiaries will then follow the depository's transmission process.

Question 23

Can mutual funds be included?

Accepted Answer

Yes. Mutual fund units can be bequeathed in an Indian will. Folios are often spread across more than one fund house or registrar, so an asset schedule listing each folio saves an executor considerable searching.

Question 24

What happens to Indian investments after death?

Accepted Answer

They pass through a transmission process run by the bank, depository, registrar or insurer, which will ask for proof of death and proof of entitlement. Each institution sets its own documentation requirements, and a clear will generally makes that process shorter.

Question 25

Does a nominee automatically become the legal beneficiary?

Accepted Answer

Generally not. A nominee is usually treated as the person authorised to receive the asset and hold it for those entitled under the will or under succession law, rather than as the owner of it. The position has been litigated for some asset classes and can depend on the governing statute, so it is safer to name beneficiaries in the will and keep nominations consistent with it.

Question 26

Can money in an Indian account be sent abroad to beneficiaries?

Accepted Answer

Often, but not automatically. Remitting inherited funds out of India is governed by RBI and FEMA rules, and the treatment can differ between NRE and NRO balances, with limits and tax clearances applying in some cases. Beneficiaries abroad should plan for this rather than assume a balance moves freely.

Question 27

What does an executor do?

Accepted Answer

The executor carries out the will: collects the assets, settles debts and expenses, obtains probate or other formalities where needed, and transfers what remains to the beneficiaries. It is an administrative role, not a share of the estate.

Question 28

Can an NRI be an executor?

Accepted Answer

Generally yes. There is no residence requirement for an executor under Indian law. Someone who can travel to India, or appoint a local attorney, will find the role considerably easier.

Question 29

Can an executor live outside India?

Accepted Answer

Yes, and many do. Because banks, registrars and courts in India work in person, it is common to appoint an India-based alternate executor or to give the executor express power to act through an attorney in India.

Question 30

Can a beneficiary also be the executor?

Accepted Answer

Yes. Appointing a spouse or child as executor is common in India and does not affect the validity of the will or of their inheritance. That is different from witnessing — a beneficiary should not attest the will.

Question 31

Should I appoint an alternate executor?

Accepted Answer

It is strongly advisable. If your only named executor has died, is unwell or declines to act, the estate may need a court-appointed administrator instead, which adds time and cost.

Question 32

Can beneficiaries live outside India?

Accepted Answer

Yes. Beneficiaries under an Indian will do not need to be resident in India or be Indian citizens. Give each beneficiary's full name, relationship, country and address so there is no doubt who is meant.

Question 33

Can an OCI holder inherit Indian assets?

Accepted Answer

Generally yes. OCI cardholders can ordinarily inherit immovable property and financial assets in India, subject to the FEMA restrictions that apply to agricultural land, plantation property and farmhouses.

Question 34

Can a US citizen inherit Indian property?

Accepted Answer

Generally yes. Inheriting immovable property in India is ordinarily permitted for foreign citizens, including US citizens, with the same restrictions on agricultural land, plantation property and farmhouses. Holding, selling and repatriating the proceeds afterwards is governed by FEMA and by Indian and US tax rules.

Question 35

Can I leave different assets to different beneficiaries?

Accepted Answer

Yes. A will can bequeath each asset separately, in whole or in stated percentage shares. Make sure the shares for any one asset total 100% and that the same asset is not promised twice in different clauses.

Question 36

What happens if a beneficiary dies before me?

Accepted Answer

Without a substitution clause, that gift may lapse and fall into the residue of the estate. Adding words such as 'and if she does not survive me, to her children in equal shares' keeps your intention intact.

Question 37

How many witnesses does an Indian will require?

Accepted Answer

Two or more. Section 63(c) of the Indian Succession Act, 1925 requires attestation by two or more witnesses, each of whom has seen the testator sign or has received a personal acknowledgement of the signature, and each of whom then signs the will in the testator's presence.

Question 38

Do both witnesses have to be present at the same time?

Accepted Answer

Not as a matter of law. Section 63(c) states expressly that it is not necessary for more than one witness to be present at the same time. Having both attend together is nonetheless common practice, because it makes the will simpler to prove later.

Question 39

Can witnesses live outside India?

Accepted Answer

Yes. The Indian Succession Act imposes no residence or nationality requirement on attesting witnesses. Choose people who can be identified and contacted years later, and record each witness's full name, occupation and address.

Question 40

Can relatives witness a will?

Accepted Answer

Generally yes, provided the relative is not a beneficiary or the spouse of a beneficiary. Neutral witnesses are still preferable where a challenge to the will seems possible.

Question 41

Can beneficiaries witness a will?

Accepted Answer

They should not. Under section 67 of the Indian Succession Act, 1925 a bequest to a person who attests the will, or to that person's spouse, is void — the will itself survives, but that gift fails.

Question 42

Is registration of a will mandatory in India?

Accepted Answer

No. Section 18 of the Registration Act, 1908 places wills among the documents whose registration is optional. Registration is about evidence and record-keeping, not validity.

Question 43

Where is a will registered?

Accepted Answer

At the office of the sub-registrar, where the will is presented and a record is made in the register. The testator ordinarily presents the document in person.

Question 44

Can an NRI register a will in India?

Accepted Answer

An NRI can register a will, but the personal-attendance requirement makes it awkward from abroad and it is usually done during a visit to India. Registration is optional, so many NRIs sign a properly attested will abroad and leave it unregistered.

Question 45

What is the difference between witnessing, notarisation and registration?

Accepted Answer

Witnessing is the only one the law requires: two or more witnesses attest your signature under section 63. Notarisation is an optional certification of identity, date and place by a notary. Registration is an optional filing with the sub-registrar under the Registration Act, 1908 that creates a public record.

Question 46

Can a registered will be changed later?

Accepted Answer

Yes. A later will or codicil, properly executed, can revoke or alter an earlier one, and it does not have to be registered to do so. Keep the position clear by revoking the earlier will expressly and destroying superseded originals.

Question 47

Can my US will cover Indian assets?

Accepted Answer

It can be drafted to cover them, but relying on it is usually slower in practice. Indian banks, registrars and courts are being asked to act on a foreign document, which generally means additional formalities and delay compared with an India-specific will.

Question 48

Is a foreign will valid in India?

Accepted Answer

A will made abroad is not automatically invalid in India, but giving effect to it can require additional steps and may raise questions about execution and proof. Where the estate includes Indian immovable property, a separate India-specific will is the more common and simpler route.

Question 49

Should I have separate wills for the US and India?

Accepted Answer

Many NRIs do, with each will limited to the assets in its own jurisdiction. The critical drafting point is that neither revocation clause cancels the other.

Question 50

Can I have two wills?

Accepted Answer

Yes, provided each is clearly limited to a defined set of assets and neither revokes the other. Tell whoever drafts your foreign will that an India-specific will exists, so a future update does not undo it.

Question 51

What happens if my two wills conflict?

Accepted Answer

Conflicting wills invite a dispute and can leave the later document revoking the earlier one in whole or in part. Avoid the problem at the drafting stage by scoping each will by jurisdiction and reviewing them together whenever either is updated.

Question 52

Can an OCI holder make an Indian will?

Accepted Answer

Yes. OCI cardholders can make a will covering their assets in India, executed the same way as any other will under section 63 of the Indian Succession Act, 1925.

Question 53

Can OCI holders inherit Indian property?

Accepted Answer

Generally yes. Inheritance of immovable property by OCI cardholders is ordinarily permitted, subject to FEMA restrictions on agricultural land, plantation property and farmhouses, where approval may be needed.

Question 54

Can OCI holders inherit Indian bank accounts or investments?

Accepted Answer

Generally yes. Bank balances, demat holdings and mutual fund units can pass to an OCI holder, with the institution's transmission process applying. Moving the proceeds out of India afterwards is subject to RBI and FEMA rules.

Question 55

What happens to Indian assets if someone dies without a will?

Accepted Answer

The assets devolve under the intestate succession rules applicable to that person, which depend on their personal law. Heirs generally need to establish entitlement through documents such as a legal heir certificate or a succession certificate before banks or registrars will act.

Question 56

How does inheritance work for NRIs?

Accepted Answer

Indian assets are dealt with under Indian succession law regardless of where the owner lived, so an India-specific will and clear asset records are what make the process manageable. Heirs abroad should also plan for the FEMA and tax rules that govern holding and repatriating inherited assets.

Question 57

Does having a nominee eliminate the need for a will?

Accepted Answer

No. A nomination generally tells the institution who may receive the asset; it does not usually decide who is ultimately entitled to it, and it covers only the specific accounts where a nomination exists. A will covers the whole estate, including property and assets with no nomination.

Question 58

What does the $49 cover?

Accepted Answer

Everything: the guided questionnaire, the drafted will, the on-screen preview, the Word and PDF downloads, and unlimited edits and re-generation for twelve months from the date of payment.

Question 59

Can I preview the will before paying?

Accepted Answer

Yes. You can build your entire will and read the full draft on screen for free. The preview is view-only — payment unlocks the downloadable Word and PDF files.

Question 60

What if my situation changes?

Accepted Answer

Sign in, change your answers and re-generate. For twelve months after payment there is no additional charge. After that, a fresh $49 covers another year.

Question 61

Is this legal advice?

Accepted Answer

No. NRI Will Genius is a document preparation service, not a law firm. If your estate involves disputed titles, ancestral or HUF property, business succession or complex tax questions, please consult an advocate qualified in India.

Question 62

How is my data protected?

Accepted Answer

Your answers are stored in your own private account, and only you can read your wills. Sensitive details such as your asset information and account numbers are encrypted before they are stored and can only be viewed by you as the account holder.

NRI Will & Indian Estate Planning FAQs

Creating an Indian will

NRIs

Indian property

Bank accounts and investments

Executors

Beneficiaries

Witnesses

Registration

Foreign wills and cross-border planning

OCI holders

Inheritance

Using NRI Will Genius

Sources & further reading