Property will India

Writing a will for property in India

Immovable property is the single biggest cause of inheritance disputes in India. Most of them come down to two things: property that was described too loosely, and shares that were never spelled out. Here is how to get both right.

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How to describe each type of Indian property

Flats and apartments

Give the flat number, floor, building name, society or apartment complex, street, city, state and PIN code. Add the built-up area and the share certificate or society membership number where one exists.

Independent houses and plots

Include the plot or survey number, khata or municipal number, extent of land, boundaries on all four sides, and the sub-registrar office where the sale deed was registered.

Agricultural land

State the survey and sub-division number, village, taluk and district, along with the extent in acres or guntas. Note that some states restrict who may inherit agricultural land.

Jointly held property

You can only bequeath your own share. State clearly whether you own the property fully or partially, and what your share is — for example, 50% as a joint owner with your spouse.

Ancestral or HUF property

Coparcenary interest in a Hindu Undivided Family follows separate rules. Self-acquired property can be willed freely; if you hold an undivided interest, describe it as such.

Under-construction or allotted property

Refer to the allotment letter or builder-buyer agreement number, project name and unit number, so the bequest still works if possession is granted after your lifetime.

A sample property bequest clause

I bequeath my residential flat bearing No. 402, 4th Floor, Shanti Residency, Plot No. 17, Bandra West, Mumbai 400050, Maharashtra, admeasuring 1,150 sq. ft. built-up area, which is owned by me absolutely and exclusively, to my daughter Anjali Rao (60%) and my son Rohan Rao (40%), to be held by them as tenants-in-common in the said shares.

Note the four things that make this clause work: the property is identifiable, the extent of your ownership is stated, every beneficiary is named in full, and the shares total 100%.

What your property will should always include

Full, identifiable description of each 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%
A residuary clause for property you forgot to list
An executor empowered to transfer title

Bequeath your Indian property clearly

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

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Common questions

Can an NRI leave Indian property to anyone they choose?: Self-acquired property can generally be left to any person. Certain categories, notably agricultural land in some states, carry restrictions on who may acquire or inherit them.
Should I make a separate will just for Indian property?: Many NRIs do. A separate India-only will avoids delays in probate abroad and can be dealt with by Indian authorities without waiting on foreign proceedings. If you make more than one will, each should be limited clearly to its own jurisdiction so neither revokes the other.
Can I split one property between several heirs?: Yes. State the percentage share for each beneficiary and make sure the shares add up to 100%. Our questionnaire enforces this automatically.
What happens without a will?: Indian property passes under intestate succession rules based on your personal law. Heirs must obtain a succession certificate or legal heirship certificate, which can take years to complete from overseas.