Investment & Financial Planning

Tips for NRIs Creating a Property Will in India

By Ritesh Jain |Last Updated: February 21, 2026

Tips for NRIs Creating a Property Will in India

A 'Will' is a written legal document used to specify how the assets and property of an individual will be distributed after their demise. An NRI creating a Will in India needs to follow some specific legal steps. Some key tips include maintaining a detailed inventory of Indian assets, appointing a trusted executor in India, and ensuring the Will is signed in the presence of two witnesses.

Although there is no specific inheritance tax in India, different tax implications may apply while transferring an inherited property. Additionally, NRIs who have significant assets in India can create a trust to offer more structured asset distribution. Being distant from India can create problems in managing the documents and legal requirements of creating a Will. However, careful planning and regular reviews can help create an effective and relevant Will. In this blog, we will learn some tips for an NRI creating a property Will in India, including tax implications, errors, strategies, and the steps to create a Will in India.

Ritesh Jain(Tax Expert)

Mr. Ritesh has 20 years of experience in taxation, accounting, business planning, organizational structuring, international trade financing, acquisitions, legal and secretarial services, MIS development, and a host of other areas. Mr Jain is a powerhouse of all things taxation.

Frequently Asked Questions

Yes, NRIs/OCIs can draft wills from anywhere, whether in India or abroad, under the Indian Succession Act 1925. Foreign wills are valid if probated/apostiled. It is recommended to have a separate India-specific will to avoid cross-border probate delays/conflicts.

An NRI's will is considered legally valid in India if the testator is at least 18 years old, of sound mind, and clearly outlines assets and beneficiaries in a written document. The document must be signed by the testator and attested by at least two non-beneficiary witnesses who sign in the testator's presence. No specific format/language is required, though English/Hindi/regional is accepted.

Will registration in India is not mandatory for NRIs, and an unregistered will remains legally valid. However, registration is highly recommended to ensure security, prove authenticity, and prevent forgery claims.

To register for a will, the testator must draft the will, have it signed by two witnesses, and present it along with ID proofs to the sub-registrar in India. While registration fees are generally low, usually ranging from Rs. 200 to Rs. 2,000 depending on the state, physical presence at the registrar's office is required. For NRIs who can't travel, the process can be completed via a special power of attorney (PoA).

Top mistakes NRIs make in property will include vague asset descriptions causing disputes, failure to include a probate clause, not apostilling foreign wills, assuming automatic equal distribution, and ignoring movable assets like jewelry/shares. To avoid conflicts, NRIs must have a lawyer-drafted, registered, and detailed will with an attached asset schedule.

Tips for NRIs Creating a Property Will in India

Frequently Asked Questions

Can NRIs Make a Will for Indian Property From Abroad?

What Makes an NRI's Will Legally Valid in India?

Is a Will Registration Mandatory for NRIs, and How to Do It?

How to Register a Will in India?

What are Some Mistakes NRIs Make in Property Wills?

Tips for NRIs Creating a Property Will in India

Frequently Asked Questions

Can NRIs Make a Will for Indian Property From Abroad?

What Makes an NRI's Will Legally Valid in India?

Is a Will Registration Mandatory for NRIs, and How to Do It?

How to Register a Will in India?

What are Some Mistakes NRIs Make in Property Wills?