NRI property will

An NRI's guide to willing Indian property

For most NRIs, Indian real estate is the most valuable — and most disputed — part of the estate. A will that describes each property precisely and names each beneficiary's share is the difference between a smooth transfer and years of litigation.

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Getting property bequests right

Describe each property precisely

Vague descriptions invite challenges. Give the flat or plot number, building or survey number, street, locality, city, state and PIN code. For land, add the extent and boundaries; for flats, the society name and built-up area.

State your ownership share

You can only bequeath what you own. If a flat is jointly owned with your spouse, say so and bequeath your share. If you own it outright, say it is owned by you absolutely. Our questionnaire captures full versus partial ownership for every asset.

Splitting one property between heirs

You can leave a single property to several beneficiaries in fixed shares — for example 60% to one child and 40% to another, held as tenants-in-common. The shares must add up to 100%.

Agricultural land

Several states restrict who can acquire or hold agricultural land. NRIs and OCIs generally cannot purchase it, though inheritance is permitted. If your estate includes farmland, identify it clearly so your executor can check the applicable state rules.

Transferring title after death

Your beneficiaries will use the will to apply for mutation — updating municipal and revenue records into their names. A clear will, a death certificate and identity documents are usually enough; a confusing one means court proceedings.

Nominees are not heirs

A society or bank nominee is only a caretaker who holds the asset until the legal heirs establish their claim. The will — not the nomination — decides who ultimately inherits.

For every property, your will should state

Full, identifiable description of the property
Whether you own it fully or hold a partial share
Each beneficiary's full name and relationship
Percentage shares that add up to 100%
An executor empowered to complete mutation
A residuary clause for property acquired later

Bequeath your Indian property clearly

Our questionnaire asks for each of these details per property and assembles the clauses for you.

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Common questions

Can I leave Indian property to someone who is not a relative?: Self-acquired immovable property can generally be bequeathed to any person you choose, subject to state-level restrictions for categories like agricultural land.
What if I jointly own property with my spouse?: You can bequeath only your share. State the joint ownership and your percentage explicitly — for example, your 50% share — so there is no ambiguity after your lifetime.
Do my heirs need to come to India to transfer the property?: Not necessarily. Mutation and related paperwork can often be handled through your executor or a power-of-attorney holder, which is one more reason to appoint a reliable executor in the will.
What happens to the property if I don't make a will?: It passes under intestate succession rules of your personal law. Heirs must obtain succession or legal-heir certificates, and disputes between Class I heirs are a common cause of long-running property litigation in India.