You live in Sharjah, London or Toronto. You own a flat in Pune, an NRO account, some mutual funds and perhaps a share of the family house in your home town. If something happened to you tomorrow, who would get them, and how long would your family spend in offices proving it?
A clear NRI will in India is the simplest answer. This guide explains, in plain English, who can make one, how to sign it so it is valid, whether you need to register it, what changed for probate in December 2025, and how to handle assets you hold abroad. It was checked against official and reputable legal sources on 11 November 2026.
Please note: this article is general information, not professional legal or insurance advice. Rules change, so check the official sources linked below or speak to a qualified professional before you decide. Read our disclaimer.
Table of contents
Can an NRI make a will in India?
Yes. An NRI or OCI can make a will for Indian assets either while visiting India or while living abroad. According to ICICI Bank's NRI guidance, three laws matter most:
- The Indian Succession Act, 1925, which sets out how a will is made and proved.
- The Registration Act, if you choose to register the will.
- FEMA, 1999, which affects who can inherit certain property. For example, you can leave a flat to a child who is an NRI or OCI, provided you acquired it in line with the foreign exchange rules in force at the time.
Your NRI will in India can cover flats and land, bank deposits (NRE, NRO and FCNR), shares, mutual funds, bonds, vehicles and jewellery. Personal law can also matter. Under Islamic principles of inheritance, for example, a Muslim can generally leave only up to one-third of the estate by will unless the heirs agree otherwise.
Procedure to make a will in India that is valid
Indian law is less formal than many people expect. To be valid, an NRI will in India, like any Indian will, must be:
- In writing, in any language you and your family understand well. There is no prescribed format.
- Made by an adult of sound mind (18 or over), acting voluntarily, free from pressure, fraud or undue influence.
- Signed by you, or by someone else in your presence and on your direction if you cannot sign.
- Attested by at least two witnesses who see you sign.
There is no stamp duty on a will, and notarisation is not required. When you prepare an NRI will in India, list each asset clearly (address, account or folio number), name each beneficiary with their full name and relationship to you, and state percentage shares if an asset is split. Appoint an executor you trust, ideally someone who can travel to India or act through a lawyer. Choosing witnesses who do not inherit anything under the will is sensible practice and avoids later disputes.
If you cannot travel to deal with a sale or paperwork while you are alive, that is a different document: see our guide to a power of attorney for NRIs.
Do you need to register an NRI will in India?
No. Registering an NRI will in India is optional. A properly signed and witnessed unregistered will is still valid. Many lawyers still recommend registering, because a registered will is harder to challenge and easier to trace.
| Step | Required? | Why you might still do it |
|---|---|---|
| Two witnesses | Yes | The will is not valid without attestation |
| Registration with the Sub-Registrar | No | Stronger proof that you signed it, and a public record of the date |
| Notarisation | No | Sometimes useful for a will signed abroad |
| Stamp paper | No | Not needed for a will |
| Probate after death | No (since Dec 2025) | Judicial certainty for large or disputed estates |
Registering usually means appearing in person at the Sub-Registrar's office in India with your witnesses, so NRIs often plan it for a home visit. Keep the original safe, give a copy to your executor and tell your family where the NRI will in India is kept.
Probate after December 2025: what changed
This is the biggest recent change for anyone making an NRI will in India. The Repealing and Amending Act, 2025, which received Presidential assent on 20 December 2025, removed section 213 of the Indian Succession Act. The Government's PIB factsheet says the change removes community-based differences in probate requirements.
Before the change, wills made by Hindus, Sikhs, Jains, Buddhists and Parsis in Mumbai, Kolkata and Chennai, or covering property there, needed probate before an executor or beneficiary could establish their rights in court. That mandatory rule has now gone. According to Khaitan & Co, probate, letters of administration and succession certificates still exist; they are simply optional.
In practice, a bank, housing society or buyer may still ask for probate on a valuable property, and a probate order remains the strongest proof for large or contested estates. So the change saves time and cost for simple, uncontested wills, but it is not a reason to skip a clear, well-witnessed NRI will in India.
Indian and foreign assets: one will or two?
Many NRIs hold money in two or three countries: a flat in India, a salary account in Dubai, a pension in the UK or a 401(k) in the US. ICICI Bank's guidance suggests separate wills for different countries, because each country has its own succession rules. If you do this, each will should say which assets it covers and must not accidentally revoke the other.
- A foreign will for Indian assets is not automatically enforced in India. Your executor would usually need probate abroad, have it apostilled or authenticated, and then apply to an Indian court for an ancillary grant (section 228 of the Act). A local NRI will in India for your Indian assets avoids that extra court step.
- Movable assets such as bank balances and jewellery generally follow the law of your domicile at death, so where you are domiciled matters.
- UK assets: for a will in England and Wales, GOV.UK says you must sign in front of two witnesses aged 18 or over, and you cannot leave your witnesses (or their married partners) anything.
- UAE assets: non-Muslims aged 18 or over with UAE assets can register a will with the DIFC Courts Wills Service, even online from abroad, with two witnesses who are not beneficiaries. Without one, the local courts of the emirate apply their laws by default.
When your heirs later sell inherited property, tax and repatriation rules apply; our sister blog explains them in its guide to NRIs selling property in India.
NRI will in India: a 7-step checklist
- List every Indian asset with account, folio, policy or property details.
- Check whether any property was bought under FEMA rules that limit who can inherit it.
- Decide on beneficiaries, shares and a backup beneficiary for each gift.
- Choose an executor and a substitute executor.
- Write the will clearly, or ask an Indian lawyer to draft it, and sign it in front of two independent witnesses.
- Consider registering it on your next trip to India.
- Review your NRI will in India after marriage, divorce, a birth or a big purchase, and keep it aligned with your foreign will.
An NRI will in India works best alongside protection for your family. Our guides to term insurance for NRI families and health insurance for NRI parents cover the other half of the plan.
Sources
This guide was checked against these official and reputable sources on 11 November 2026:
- ICICI Bank NRI Edge: writing and registering a Will in India - key tips for NRIs (laws, signatures, registration, foreign Wills)
- Press Information Bureau, Government of India: factsheet on the Repealing and Amending Act, 2025 (removal of section 213, Indian Succession Act)
- Khaitan & Co (26 Dec 2025): Probate no longer mandatory - impact of the Repealing and Amending Act, 2025
- International Bar Association: Private client guide, India (execution of wills, probate, recognition of foreign wills under section 228)
- GOV.UK: Making a will - make sure your will is legal (England and Wales)
- DIFC Courts: Wills FAQ (who can register, witnesses, virtual signing, probate fee)
Featured image: AI-generated illustration created for this article (no real people or brands).
FAQ: NRI will in India
Can an NRI make a will in India?
Yes. An NRI or OCI can make a will for Indian assets in India or abroad. It must be in writing, signed by the NRI and attested by at least two witnesses, and FEMA rules can affect who may inherit some property.
Is registration of a will compulsory in India?
No. Registration is optional. An unregistered will that is properly signed and witnessed is valid, but registering it with the Sub-Registrar makes it harder to challenge.
Is probate mandatory in Mumbai, Kolkata or Chennai now?
No. The Repealing and Amending Act, 2025 removed section 213 of the Indian Succession Act in December 2025, so probate is no longer a legal precondition. It is still available and some banks or buyers may ask for it.
Is a will valid in India without stamp paper or a notary?
Yes. A will does not need stamp duty or notarisation to be valid in India. It needs to be in writing, signed by you and attested by two witnesses.
Should an NRI make separate wills for India and abroad?
It is often sensible. Separate wills for each country can match local rules, but each must clearly limit itself to its own assets and must not revoke the other.
Does a foreign will work for property in India?
Not automatically. The executor usually needs probate in the foreign country, an apostille, and then an ancillary grant from an Indian court under section 228 of the Indian Succession Act.
Read next
- Power of attorney for NRI: 7 steps to make it valid
- Term insurance for NRI families: 2026 buying guide
- Health insurance for NRI parents in India: 9 things to check
- More NRI Legal guides
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About the author: Sumit Manwal
Sumit Manwal is the founder of Hospitality Vacancy, the job site built for the hotel industry, which he has run since 2017. With more than 20 years of experience in hospitality, he received the Excellence in Hospitality Sector of Uttarakhand award (January 2023) and the Dainik Jagran inext Uttarakhand Ratan award.
He is passionate about helping hotel management students and hospitality professionals build successful careers, and connects talented people with hotel jobs across India, the Gulf and Europe. On Expat Insurance & Law he writes clear, practical insurance and legal-paperwork guides for NRIs and expat workers in the Gulf, US, UK, Canada and Australia, so every reader can make confident decisions about their work and life. He is not a legal or insurance professional, so every guide here links to official sources and he encourages readers to confirm details with a qualified expert before acting.
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