Will in India for NRI

Making a will in India as an NRI

Living abroad does not change the basics of Indian succession law — but it does make an unplanned estate far harder for your family to unwind from overseas. A clear, India-specific will is the simplest protection you can put in place.

Written by NRI Will Genius Editorial Team

Last updated: 21 September 2026

Last reviewed: 21 September 2026

General information about Indian succession law — not individualized legal advice.

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What an NRI will in India should cover

The legal basis

Wills in India are governed by the Indian Succession Act, 1925 (with personal-law rules applying to intestate succession). There is no residency requirement: any adult of sound mind can make a will for assets located in India, wherever they live.

Immovable property

Flats, houses, plots and land in India are always governed by Indian law, regardless of your citizenship or where the will is signed. Identify each property precisely: flat number, building, street, city, state and PIN code.

Bank accounts and deposits

NRE, NRO and resident accounts, fixed deposits and post-office savings can all be covered. Naming beneficiaries in the will avoids a succession-certificate process for each account.

Investments and other assets

Shares, mutual funds, demat holdings, PPF accounts and insurance proceeds should be addressed. Note that nominee and legal heir are not the same — a nominee is only a caretaker; your will decides who actually inherits.

Signing from abroad

A will signed outside India is valid for Indian assets if it meets the formal requirements: your signature, attested by two witnesses who each see you sign and sign in your presence (having both present together is good practice, not a legal requirement). No notarisation or embassy attestation is legally required for the will to be valid.

Registration is optional, not required

Registration of a will under the Registration Act, 1908 is optional. An unregistered will that is properly signed and witnessed is valid. Some families still register for the added evidentiary comfort — see our guide to will registration in India before deciding.

Who inherits if you do not write one

Without a will, your Indian assets pass under intestate succession rules tied to your personal law, and each asset typically needs a legal-heir or succession certificate. Our guide to Indian inheritance laws for NRIs sets out how those default shares work.

Keeping it current

Update your will after major life events — marriage, divorce, a new child, or buying and selling property. Our service includes free edits and regeneration for 12 months after purchase.

Your NRI will should always include

Your full name, date of birth and addresses
A declaration that this is your last will
A named executor and an alternate
Identifiable descriptions of each Indian asset
Named beneficiaries with clear shares
A residuary clause for anything unlisted
Guardian provisions if you have minor children
Signature space for you and two witnesses

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Common questions

Is a will made abroad valid in India?: Yes. A will signed outside India is valid for assets in India as long as it is properly executed — signed by you in the simultaneous presence of two witnesses who also sign it.
Do I need to be physically in India to make the will?: No. You can create, sign and store the will entirely from abroad. Registration at an Indian sub-registrar office is optional and can be done during a visit, but it is not required for validity.
Does my foreign will cover my Indian assets?: It can, but mixing jurisdictions in one will often causes delays: Indian authorities may require the foreign will to be probated abroad first. Many NRIs make a separate India-only will that is clearly limited to Indian assets.
What happens to my Indian assets if I die without a will?: They pass under intestate succession rules tied to your personal law. Your family would need succession or legal-heir certificates for each asset — a slow process that is much harder to run from overseas.

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Sources & further reading

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