OCI will India

Wills in India for OCI card holders

Overseas Citizens of India hold foreign passports but keep deep financial ties to India — a flat in Pune, an NRO account, mutual funds, ancestral land. OCI status does not restrict your ability to make a will covering all of it.

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What OCI status means for your will

You can make an Indian will

Indian succession law places no citizenship condition on making a will. As an OCI card holder you can make a will covering every asset you own in India, signed wherever you live.

Property you can hold and inherit

OCI card holders may own residential and commercial property in India and may inherit any property, including agricultural land, even though they cannot purchase farmland or plantation property.

Bank accounts

NRE, NRO and FCNR accounts should be listed in the will with the bank, branch and account type. Remember that a bank nomination only appoints a caretaker — the will decides who inherits the balance.

Investments and demat holdings

Shares, mutual funds and demat accounts held on a repatriable or non-repatriable basis can be bequeathed. Identify the folio or demat account so your executor can trace them.

Separate wills for separate countries

If you also own assets where you live, a separate India-only will avoids waiting on foreign probate before Indian assets can be dealt with. Each will should state clearly that it applies only to that country's assets.

Executor choice matters

Appoint someone who can act in India, or who can instruct a representative there. An executor based entirely overseas with no Indian contacts will find mutation and bank formalities slow going.

An OCI will should list

Your OCI card number and foreign passport details
Every Indian property with a full description
NRE, NRO and FCNR accounts by bank and branch
Demat accounts, mutual funds and insurance policies
Named beneficiaries with fixed percentage shares
An executor able to act in India, plus an alternate

Cover your Indian assets as an OCI

Our guided questionnaire is built for exactly this situation — foreign passport, Indian assets, signing from abroad.

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Common questions

Can an OCI card holder make a will in India?: Yes. There is no citizenship requirement. An OCI card holder can make a will covering Indian assets and sign it in their country of residence.
Can an OCI inherit agricultural land?: Inheritance of agricultural land is permitted even though purchase is not. Onward sale may be restricted to a buyer who is an Indian resident.
Should my Indian will be registered?: It is optional. Registration adds an official record and makes a challenge harder, but an unregistered will is perfectly valid.
Will my will made abroad be accepted in India?: Yes, provided it is properly executed — signed by you before two witnesses who were both present together and who also signed.