Why this matters
Dying without a valid will is called dying intestate. The estate does not go unclaimed — it is distributed according to a statutory order of heirs. What that order is depends on the personal law that applies to the deceased: the Hindu Succession Act, 1956 covers Hindus, Buddhists, Jains and Sikhs; the Indian Succession Act, 1925 sets out the rules for others, including Christians and Parsis; and Muslim intestate succession is governed by Muslim personal law.
Living abroad does not change this. For immovable property situated in India, Indian law generally governs succession, so a flat in Bengaluru follows Indian rules even if the owner lived and died in Toronto.
What NRIs should consider
The statutory list may not match your wishes
Intestacy divides the estate among a defined class of heirs in defined shares. A specific person you wanted to provide for may receive nothing, or a share you did not intend.
Families face extra paperwork
Banks, registrars and depositories commonly ask for a succession certificate or legal heir certificate before transferring assets. Obtaining one takes time, and NRI heirs often need someone acting locally.
Co-owned and ancestral property gets complicated
Jointly held or ancestral property brings additional questions about shares and rights, which frequently need an India-qualified lawyer to resolve.
Nomination does not decide inheritance
A nominee on a bank account or investment receives the asset to hold, but the law of succession decides who is ultimately entitled to it.
A short India-only will avoids most of this
A will limited to Indian assets, naming beneficiaries and an executor, lets you choose who receives what and gives your family a document to act on.
Example
An NRI in London dies owning a Mumbai flat and an NRO account, with no will anywhere.
The flat and the account are dealt with under the intestate rules applying to the deceased, not according to any private understanding within the family.
The heirs typically have to establish who they are to the satisfaction of the bank and the registrar, often through a succession or legal heir certificate, before anything can be transferred or sold.
This example describes general considerations only. It is not advice about any particular person’s situation.
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.