NRI Will Drafting in India
Safeguard your property in India, bank accounts, investments, and business interests with an NRI Will India strategy. Our NRI Lawyers in Delhi help you draft a will from abroad in India, align it with Indian law, and plan smooth transfer to family—with clear provisions for guardianship and trusts.
Where needed, we also handle probate in Delhi for NRIs and ancillary grants for foreign Wills so your beneficiaries can inherit without friction.
Why NRIs Should Keep a Separate India-Specific Will
Having a separate India-specific Will avoids conflict of laws, accelerates enforcement for the Indian assets, and prevents overseas probate delays from holding up transfers in India. When your global estate is split across countries, a local Will (for India assets) plus a separate foreign Will (for overseas assets) streamlines post-death formalities.
Where a Will has been proved abroad, Indian courts can issue letters of administration with Will annexed for Indian property—commonly referred to as ancillary probate.
Execution Essentials
Under Section 63 of the Indian Succession Act, an unprivileged Will must
(i) be signed by the testator, and
(ii) be attested by two witnesses who saw the testator sign (or heard acknowledgement).
Good practice for NRIs:
- Use two independent adult witnesses (not beneficiaries or their spouses).
- Ensure all pages are initialed and the last page signed by the testator and both witnesses.
- Keep complete contact details of witnesses for easy proof later.
Registration, Notarisation and Appostile
Registration
In India, registration of a Will is optional (Registration Act, 1908, §18). Registration can bolster evidentiary weight but is not mandatory for validity.
Notarisation
Not required for a Will’s validity under Indian law; it’s a supporting evidentiary step.
Apostille/Consular Attestation (for Wills signed abroad)
For use in India, foreign-executed Wills are typically notarised locally and apostilled (Hague Convention) or consular-attested, then presented in India. The MEA confirms that apostilled documents are to be treated as legalised in India.
Ancillary Probate in India
If a Will is executed and proved abroad, Indian courts generally do not reseal foreign grants. Instead, your executor seeks letters of administration with the Will annexed in India by producing an exemplified copy of the foreign probate (Indian Succession Act, Section 228). This is colloquially called ancillary probate in India.
Is Probate Mandatory in Delhi?
For many communities (e.g., Hindus, Sikhs, Jains, Buddhists) dealing with property located in Delhi, probate is typically not mandatory under Section 213 (probate is mandatory for certain Wills relating to properties within the erstwhile Presidency towns—Mumbai, Kolkata, Chennai). In practice, however, banks, DDA/MCD, or buyers may still insist on probate or a court order to avoid future disputes. We advise on the least-resistance route based on asset class and counter-party requirements.
Guardianship, Minor Beneficiaries & Trust Structures
- Appoint a guardian for minor children and a guardian/trustee for minor-held assets.
- Create a private family trust (now or on death) to ring-fence Indian assets, define distribution ages, and protect from disputes.
- Coordinate beneficiaries/nominees across bank accounts, demat, insurance, PF, and real estate to prevent mismatch with the Will.
(We structure India-compliant trusts and align them with your overseas estate plan; where needed, we coordinate with foreign counsel for cross-border consistency.)
Our Process: Draft Will from Abroad
Discovery & Goals – Family tree, asset list (India-specific), succession goals, tax sensitivities.
Drafting – India-law-compliant Will with clear bequests, guardianship, executors, and trust clauses.
Execution Toolkit – Witness selection guidance, signing ceremony checklist, notarisation + apostille/consular attestation where needed.
Storage & Updates – Secure originals, certified copies, and periodic updates after major life events.
If Death Occurs Abroad – We manage probate in Delhi for NRI or ancillary proceedings with exemplified foreign probate.
Documents We Typically Need
ID/address proofs (testator & witnesses), OCI/Passport copies
India asset proofs (title deeds, share certificates/demat, bank FDs, policies)
Family details (legal heirs, guardians, executors, trustees)
Any prior Wills/codicils; foreign estate plan (if applicable)
Why Choose Raizada Law Associates
- Cross-border coordination: India-law compliant drafting that fits your overseas plan.
- Court-ready paperwork: From apostille and exemplified copies to bank/registry liaison.
- Dispute-proof approach: Strict Section 63 compliance and evidence-ready execution packs.
Meet Our Team
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FAQs
No. Indian law requires a physical signature and attestation by two witnesses in line with Section 63; e-sign/video alone won’t satisfy the statutory formalities.
Generally, no—especially for Hindus/Sikhs/Jains/Buddhists with Delhi-situated property—but banks/authorities may still insist on probate or a court order. We advise case-wise.
Yes, if the Will meets execution standards. For use in India, notarise and apostille (or consular-attest) and, where required, obtain ancillary grant in India for Indian assets.
Registration is optional; it can strengthen evidence but is not required for validity.
Often advisable. Separate, asset-specific Wills reduce conflicts and speed up local administration. We coordinate so clauses don’t contradict.
Get Consultation
Planning an NRI Will in India—or need ancillary probate in Delhi?
Speak to our team for a precise plan, signing checklist, and end-to-end court/banking support.