How should an NRI make a will for their Indian assets and what happens if they die without one?

(1) Indian succession law applies to Indian assets — immovable property in India is governed by Indian personal law regardless of where the owner lives or died;

(2) A foreign will is valid but procedurally difficult:
(a) A foreign will must be proven (probated) in an Indian court before it can be given effect to Indian property;
(b) Probate proceedings in India can take 1–3 years and require a lawyer;
(c) The will may need to be apostilled, translated (if not in English), and certified;
(d) A simple, separate Indian will eliminates all of this;

(3) Different personal laws apply to different communities:
(a) Hindus, Buddhists, Sikhs, Jains — Hindu Succession Act, 1956; testamentary freedom is largely unrestricted but intestacy rules distribute per the Act;
(b) Muslims — Muslim Personal Law; no codified will requirement; wasiyat (will) limited to 1/3 of estate;
(c) Christians, Parsis, inter-faith couples — Indian Succession Act, 1925; broad testamentary freedom;

(4) Without a will: Indian assets pass per the applicable personal law — which may split property among legal heirs in proportions that don't reflect your wishes;

(5) Speed and cost for family: a registered Indian will makes estate administration dramatically faster and less expensive for the heirs left behind.

(1) Governing law for making the will: an NRI (Indian citizen) can make their will under either Indian law or the law of the country where they reside; both are recognised; for Indian assets, a will made under Indian law is simplest to administer;

(2) Formal requirements under Indian law (Indian Succession Act, 1925):
(a) Must be in writing;
(b) Signed by the testator (the will-maker);
(c) Attested by at least two witnesses present at the same time;
(d) Witnesses must not be beneficiaries under the will;
(e) No notarisation required — but strongly recommended for NRIs;

(3) Registration — not mandatory but highly recommended:
(a) Register with the Sub-Registrar in the district where the property is located;
(b) An NRI can register on a visit to India;
(c) Alternatively, execute and notarise the will abroad, get it apostilled, and send to an Indian lawyer for registration on your behalf via POA;
(d) Registration creates a public record and makes the will much harder to challenge;

(4) Content to include:
(a) Full description of each Indian asset (property address + survey number, bank account numbers, demat account details, mutual fund folio numbers);
(b) Full name and relationship of each beneficiary;
(c) Name of executor (the person who will carry out the will in India) — ideally a trusted resident Indian;
(d) Residuary clause (what happens to any asset not specifically mentioned);
(e) A clause stating 'This will governs only my assets situated in India';

(5) Update regularly — update the will after buying new property, opening new accounts, or significant changes in family circumstances.

No — this is one of the most widely misunderstood aspects of Indian estate planning:

(1) Nomination is not inheritance — a nominee is a trustee who receives the asset on the owner's death and holds it for the legal heirs; the nominee does not become the owner;

(2) The will overrides nomination — if your will and your bank nomination name different people, the will ultimately governs who the asset belongs to; the nominee must hand it over to the beneficiary named in the will;

(3) Exception — shares and mutual funds: for listed securities and mutual funds, a nominee may effectively take ownership under SEBI regulations (post-2022 amendments); this area of law is evolving;

(4) Practical advice:
(a) Update all nominations (bank, demat, mutual fund, insurance, EPF) to match the intended beneficiaries;
(b) Align nominations and will — inconsistency causes family disputes and delays;
(c) Register nominations properly — many accounts have lapsed or outdated nominations;

(5) Joint accounts with survivor rights — 'Either or Survivor' bank accounts pass automatically to the surviving joint holder, overriding the will for that account.

Indian personal law determines the distribution — which varies by religion:

(1) Hindu NRIs (Hindu Succession Act, 1956):
(a) Class I heirs take first: widow/widower, children, mother, widow of predeceased son;
(b) Each Class I heir takes an equal share;
(c) If no Class I heirs, Class II heirs (father, siblings, etc.) inherit;
(d) Daughters and sons take equal shares (since 2005 amendment);

(2) Muslim NRIs (Muslim Personal Law):
(a) No will needed for the 2/3 share — goes to heirs as per Sharia;
(b) Husband/wife, parents, children — specific proportional shares;
(c) A Muslim can only bequeath up to 1/3 of the estate by will to non-heirs;

(3) Christian and Parsi NRIs (Indian Succession Act, 1925):
(a) Spouse and children share equally;
(b) Specific rules for distribution when either spouse or children are absent;

(4) How heirs establish their right without a will:
(a) Succession certificate (from Civil Court) — for moveable assets like bank accounts, investments;
(b) Legal heir certificate (from revenue authority / SDM) — for mutation of property;
(c) Probate — required in Bombay, Calcutta and Madras high court jurisdictions for immovable property;
(d) All these are time-consuming; a will avoids most of them. See our NRI inheritance guide.