NRI Will GeniusWills for Indian assets

Can an NRI Make a Will for Assets in India While Living Abroad?

Yes. An NRI can create a will covering assets located in India while living abroad, subject to applicable Indian execution and succession requirements. There is no residency or citizenship condition, the will can be signed outside India in front of two witnesses, and registration is optional. Existing wills in other countries should be coordinated to avoid unintended revocation.

Written by NRI Will Genius Editorial Team

Last updated: 5 September 2026

Why this matters

Under the Indian Succession Act, 1925, any person of sound mind who is not a minor may dispose of their property by will. The Act does not condition that right on living in India or holding an Indian passport, so NRIs, OCI cardholders and foreign nationals who own Indian assets can all make one.

What the Act does prescribe is how the document is executed: it must be in writing, signed by the will-maker with the intention of giving it effect, and attested by two witnesses who each saw the will-maker sign and who then sign in the will-maker’s presence. Nothing in that requires an Indian location.

What NRIs should consider

  • Signing formalities matter more than location

    You and both witnesses must be together when you sign. One original document, dated, every page initialled, witness names and addresses recorded.

  • Do not use beneficiaries as witnesses

    A bequest to a person who attests the will is void under the Indian Succession Act. The will survives; the gift to that witness does not.

  • Coordinate with any foreign will

    Limit the Indian will to Indian assets and scope its revocation clause, so it does not cancel the will covering your assets where you live.

  • Registration is optional

    Registering at a sub-registrar's office in India creates an official record but is not required for validity.

  • Personal law can change the answer

    Wills made by Muslims are governed by Muslim personal law, which limits how much can be left by will. Take advice from an India-qualified lawyer if this applies to you.

When professional legal advice may be appropriate

Consider speaking with a lawyer qualified in India if your estate spans several countries in a complicated way, if significant tax planning is involved, if a family dispute or contested estate is likely, if a business, trust or unusual ownership structure is part of the estate, or if you are unsure how a Will made where you live interacts with one covering Indian assets.

Related questions

Related guides

Sources & further reading

This guide is general information about how wills for Indian assets usually work. It is not legal advice and does not create a lawyer–client relationship. Rules can change and your own circumstances may differ — for anything unusual, consult a lawyer qualified in India.