Will Drafting & Probate Lawyer for NRIs
A will made in your country of residence usually cannot cleanly handle your Indian property and bank accounts. We draft India-specific wills, get them registered, and handle probate in Mumbai, Kolkata, or Chennai where it is legally required — all coordinated remotely with you.
Why NRIs Need an India-Specific Will
A will drafted in your country of residence typically does not fit cleanly with Indian property and banking law, so most NRIs need a second, India-specific will governed by the Indian Succession Act, 1925. Foreign wills, even when valid where they were made, often require lengthy foreign-court probate before they can be relied on in India, and any ambiguity about which will covers which asset can freeze an entire estate for years.
An India-specific will should clearly identify only your Indian assets — property, bank accounts, demat holdings, insurance policies — name an executor who can act in India, and expressly state that it does not revoke any will made for assets in another country. This single clarification prevents the two wills from being read as contradicting or cancelling each other, which is one of the most common (and most avoidable) causes of prolonged probate litigation among NRI families.
Requirements Under the Indian Succession Act, 1925
Under Section 63 of the Indian Succession Act, 1925, a will is valid if the testator signs it (or directs someone to sign on their behalf in their presence), and at least two witnesses attest the signature, each having seen the testator sign or acknowledge it. Registration under the Registration Act, 1908 is optional, not mandatory — but a registered will is deposited with the Sub-Registrar, carries a presumption of regularity, and is significantly more difficult for a disappointed relative to later dismiss as forged or improperly executed.
We recommend NRIs also keep a simple, contemporaneous medical fitness note where the testator is elderly or has any health condition, since "unsound mind" or lack of testamentary capacity is one of the most frequently raised grounds to contest a will years later.
Probate: When Is It Mandatory, and How Does It Work?
Probate is the process by which a court certifies that a will is genuine and grants the executor legal authority to administer the estate; it is mandatory under Section 213 of the Indian Succession Act, 1925 for wills made by Hindus, Christians, and Parsis in, or concerning immovable property situated in, the presidency towns of Mumbai, Kolkata, and Chennai. Outside these presidency towns, probate is not compulsory, though banks, registrars, and buyers frequently insist on it (or a similar court order) before recognizing an executor's authority over high-value assets.
| Stage | What Happens |
|---|---|
| Filing the Probate Petition | Executor files the original will with the relevant District/High Court along with death certificate and heirship details. |
| Citation & Publication | Court issues citations to legal heirs and publishes notice inviting objections. |
| Objection Stage (If Contested) | Any heir disputing validity can file a caveat; the matter becomes a contested probate suit. |
| Grant of Probate | Once satisfied, the court grants probate, confirming the executor's authority to administer the estate. |
If there was no will at all, the relevant process is instead a succession certificate or letters of administration — see our page on Succession Certificate & Inheritance for NRIs for that process.
Succession Planning for NRIs With Assets in Multiple Countries
NRIs holding property, retirement accounts, and investments across two or three countries should plan succession jurisdiction by jurisdiction rather than relying on one "global" will. Best practice is a will for each country where you hold significant assets, each will limited to that country's assets, professionally coordinated so the documents are internally consistent, and periodically reviewed as your family situation, assets, or country of residence changes. We work alongside your estate lawyer or accountant abroad (where you have one) so your India will complements rather than conflicts with your existing planning.
Contesting or Challenging a Will
A will can be challenged in India on grounds including lack of testamentary capacity, undue influence or coercion, fraud, forgery, or defective execution and attestation under Section 63. NRI families frequently see this arise where one sibling who stayed close to an ageing parent is alleged to have procured a will unduly favoring them; these disputes are fact-heavy and require careful handling of medical records, witness testimony, and the circumstances of execution. If you suspect a will affecting your inheritance was procured improperly, early legal advice preserves evidence that often disappears within months.
Why NRIs Choose Advocate Naresh Kalra & Associates
Our team drafts India-specific wills that are built to survive scrutiny years later, not just to look complete on the day they are signed. With offices in Chandigarh, Mohali, and New Delhi and associate touchpoints in Dubai, Ontario, London, and Kuala Lumpur, we coordinate signing, witnessing, and consulate attestation around your schedule, whether you are in Houston, London, Toronto, Sydney, Singapore, or Dubai.