India has one of the world’s largest overseas populations. Roughly 18 million Indians live outside the country, yet many continue to hold property, bank accounts, securities, and business interests in India. When death occurs, these assets do not move automatically to heirs. They pass through different inheritance regimes, court systems, and foreign-exchange rules. That is where structured cross-border estate planning and NRI legal services become essential.

This guide walks through the Indian legal framework and explains how Raizada Law Associates supports NRIs in protecting and transferring wealth without chaos or delay.

Why Estate Planning Is Critical for NRIs

Here’s the thing. Most Indians still die intestate. Estimates suggest over 85 percent of people do not leave behind a valid will. In purely domestic cases, that already creates problems. For NRIs, the consequences multiply.

Without a will, heirs must approach Indian courts for succession certificates or letters of administration. This means filings, hearings, document verification, and months or years of waiting. Add foreign assets, overseas heirs, and different legal systems, and even simple estates become draining and expensive.

Estate planning solves this by deciding, in advance, who gets what, how, and when. For NRIs, it also answers tougher questions: which country’s law applies, which court has jurisdiction, and how money can legally move across borders.

Indian Inheritance Laws: The Core Framework

Inheritance law in India depends largely on religion:

  • Hindus, Sikhs, Jains, and Buddhists are governed by the Hindu Succession Act, 1956
  • Christians and Parsis fall under the Indian Succession Act, 1925
  • Muslims follow Muslim personal law, which has its own succession rules 

The Indian Succession Act, 1925 is particularly important for NRIs because it governs wills, executors, probate, and succession certificates. While registering a will is not mandatory, registration adds credibility and reduces the scope for challenges.

India abolished estate duty in 1985. There is no inheritance tax on receiving assets. However, capital gains tax applies when heirs later sell inherited property or investments.

Under FEMA, NRIs are allowed to inherit property in India, including agricultural land. Repatriation of inherited funds is permitted up to USD 1 million per financial year, subject to documentation and compliance.

Residency and domicile matter as well. Under the Income Tax Act, a person is non-resident if they spend fewer than 182 days in India during a financial year. FEMA looks at intent to reside abroad. Domicile plays a deeper role. It can affect which succession law applies, where probate must be obtained, and whether foreign estate taxes come into play.

One Will or Two: What Works Better for NRIs

A common mistake NRIs make is relying on a single global will. While this may sound efficient, it often creates delays.

Different countries follow different succession principles. Some impose forced-heirship rules. Others have strict probate formalities. Retirement accounts, pensions, and insurance policies may bypass wills altogether and follow beneficiary designations instead.

Because of this, many NRIs choose to execute two separate wills:

  • One covering assets located in India
  • Another dealing with assets abroad

Each will must clearly state that it applies only to assets in that jurisdiction and does not revoke the other. When done properly, this approach reduces probate time, avoids conflicting court orders, and lowers legal costs.

Nominations on bank and demat accounts are helpful because they allow temporary access to funds. But nominations do not determine ownership. The will always prevails.

The real risk lies in poor drafting. Multiple wills must align perfectly. A single careless clause can revoke another will unintentionally. This is why professional NRI legal services are not optional but essential.

How Raizada Law Associates Supports NRIs

Raizada Law Associates provides focused inheritance and estate planning support for non-resident Indians with assets in India.

Their work typically spans four key areas.

Will drafting and structuring

A properly drafted will reflects the testator’s NRI status, clearly identifies Indian assets, appoints an executor, and names beneficiaries without ambiguity. The will is executed with correct attestation and structured to coexist with foreign wills. Clients are advised to review and update documents after major life changes such as marriage, relocation, or acquisition of property.

Probate and succession matters

When a will exists, the firm represents executors in probate proceedings before Indian courts. In intestate cases, they assist heirs in obtaining succession certificates or letters of administration. This includes document collection, affidavits, court appearances, and coordination with heirs living overseas.

Estate administration and fund repatriation

Legal work does not end with probate. Assets must be identified, valued, transferred, and recorded. Titles need updating. Bank accounts must be settled. Lawyers ensure FEMA compliance for repatriation and work alongside tax professionals to address capital gains and income-tax filings.

Cross-border coordination

Inheritance disputes often arise from overlapping laws, joint ownership structures, or conflicting wills. Experienced counsel bridges Indian law with foreign legal systems, helps establish domicile, and coordinates with overseas lawyers to ensure Indian probate orders are recognised abroad.

Practical Estate-Planning Strategies for NRIs

If you live abroad and hold Indian assets, these steps make a real difference:

  • Draft separate wills for India and foreign jurisdictions
  • Clearly limit each will to assets within that territory
  • Use trusts where appropriate, especially for minors or dependents
  • Nominate beneficiaries on financial accounts for smoother access
  • Consider lifetime gifts to simplify succession
  • Review documents regularly and after major life events

These steps reduce disputes, cut delays, and preserve value for the next generation.

Closing Thoughts

Cross-border estate planning is not just paperwork. It is risk management for families spread across countries. India may not levy inheritance tax, but NRIs still face complex probate procedures, foreign succession laws, possible estate taxes abroad, and strict currency-control rules.

Working with experienced inheritance counsel in India ensures that assets pass legally, efficiently, and with minimal stress for heirs. With structured planning and reliable NRI legal services, families avoid uncertainty and protect what they have built.