How NRIs Can Create a Legally Valid Will for Indian Assets

Do NRIs need a separate will for Indian assets?

Yes. NRIs should create a separate will specifically covering their Indian assets. Indian assets are governed by Indian succession law, while overseas assets follow local law in your country of residence. A single overseas will may not be enforceable in Indian courts, leading to months of legal delays and significant costs for your family.

Over 80% of Indians die intestate — without a will — according to industry estimates. For NRIs with assets in multiple countries, the consequences are even more severe: succession certificates in India take 6-18 months and cost INR 10-20 lakh.

Which law governs NRI wills in India?

The applicable law depends on your religion:

Religion	Governing Law
Hindu, Buddhist, Sikh, Jain	Hindu Succession Act, 1956
Christian, Parsi	Indian Succession Act, 1925
Muslim	Muslim Personal Law (Shariat)

For NRIs who are Hindu, the Hindu Succession Act applies to all Indian assets regardless of where the will is executed. Under Section 30 of the Hindu Succession Act, any Hindu can dispose of their property by will.

What assets should an NRI will cover?

Your Indian will should explicitly list:

• Immovable property — residential, commercial, land (with survey numbers, registration details)
• Bank accounts — savings, FDs, NRE, NRO accounts (with bank name, branch, account numbers)
• Investments — mutual fund folios, demat accounts, shares, PPF, NPS
• Insurance policies — life insurance proceeds (note: nominees and will beneficiaries are different legal instruments)
• Gold and valuables — physical gold, locker contents, jewelry
• Digital assets — email accounts, crypto wallets, online subscriptions
• Business interests — partnership stakes, company shares, director positions

How to create a valid will as an NRI

Step 1: Draft the will

The will must clearly state:

• Your full name, address, and passport/PAN details
• A declaration that you are of sound mind
• Specific bequests for each asset
• Name and contact of the executor (who will carry out the will)
• Residuary clause (covering any assets not specifically mentioned)

Step 2: Witnesses

Under Indian law, a will requires two witnesses who:

• Are present when you sign the will
• Sign the will in your presence and in each other’s presence
• Are not beneficiaries of the will

Step 3: Registration (recommended but not mandatory)

Will registration is not legally required in India but is strongly recommended. A registered will:

• Is stored safely with the Sub-Registrar
• Carries stronger evidentiary value in court
• Reduces the risk of being challenged

NRIs can register a will at the Indian Consulate in their country of residence, or appoint a Power of Attorney holder to register it in India.

Step 4: Coordinate with your overseas will

Ensure your Indian will explicitly states: “This will covers only my assets situated in India and does not revoke any will I have made in [country of residence].” Without this clause, your Indian will could inadvertently revoke your overseas will.

Common mistakes NRIs make with Indian wills

1. Not updating nominees — nominees on bank/demat/MF accounts are custodians, not legal heirs. Your will overrides nominee designations, but mismatches create disputes.

2. Including overseas assets — your Indian will should only cover Indian assets. Including overseas assets creates jurisdictional conflicts.

3. No Power of Attorney — if you’re abroad, your executor may need a registered PoA to access bank accounts, property registrars, and courts.

4. Ignoring joint property — property held jointly with a spouse or family member has different succession rules. Clarify ownership before including in the will.

5. Not reviewing every 2-3 years — major life events (marriage, children, property purchase, change in NRI status) should trigger a will review.

How ZenoWealth helps

ZenoWealth’s estate planning vertical covers end-to-end will creation for NRIs — from asset inventory and nominee audit to legal drafting, witness coordination, and registration. We coordinate with your overseas estate plan to ensure both jurisdictions are covered without gaps or conflicts.

Request a consultation to start your estate plan, or download our Family Emergency File — a free checklist of everything your family needs documented.