Wills, Succession and Probate for NRIs in India
Pass on what you built — without leaving a court fight behind.
What this engagement covers
Wills, Succession and Probate for NRIs in India, End-to-End.
Indian wills drafted with foreign-asset awareness, probate proceedings before the appropriate High Court, succession certificates for movable assets, and legal-heir certificates for routine transfers. Particularly tailored for NRI families where heirs and assets sit in different countries.
Our process
From First Call to Final Order
Confidential Intake
30-min discovery call on phone or Zoom. We confirm scope, urgency and fee on the same call.
Diligence & Strategy
Document review, record retrieval and a written strategy note — including timeline, risks and milestones.
Documentation & Filing
Drafting, apostille, Power of Attorney, registration and filing handled end-to-end by a named matter lead.
Representation
Court, tribunal, registrar or counterparty representation — with weekly written updates across time-zones.
Closure & Handover
Final order, registered deed or settlement, plus a sealed matter file and post-closure compliance calendar.
Why IndusGuard
Built for Matters That Cross Borders
One named matter lead
No call-centre, no hand-offs. A senior advocate owns your file end-to-end.
NRI desks across 8 countries
Overlapping US, UK, Gulf and APAC hours — apostille and POA built into every workflow.
Weekly written updates
Plain-language progress notes, secure document portal and milestone-based fees.
Pan-India bar coverage
Empanelled counsel across High Courts, NCLT, DRT and the Supreme Court of India.
Where we serve
A Global NRI Desk, Anchored in India.
We act for clients across 8+ countries and represent matters in every major Indian jurisdiction — High Courts, NCLT, DRT and the Supreme Court.
- United States
- Canada
- United Kingdom
- UAE
- Australia
- Singapore
- Germany
- Saudi Arabia
- Kolkata
- Mumbai
- Delhi NCR
- Bengaluru
- Chennai
- Hyderabad
- Pune
- Pan-India
Common questions
Before You Call
Is probate mandatory in India for a Will to be valid?+
Probate is no longer universally mandatory across India after the Repealing and Amending Act 2025 came into effect in December 2025. However, probate remains mandatory in West Bengal for Wills dealing with immovable property. Banks, housing societies, and sub-registrars frequently insist on probate for NRI heirs even where not legally required. It is strongly recommended for high-value or potentially contested estates.
What is the difference between a succession certificate and a legal heir certificate?+
A legal heir certificate is issued by the local revenue authority within 15-30 days and establishes who the heirs are. It is used for property mutation, pension transfers, and utility connections. A succession certificate is issued by a civil court under the Indian Succession Act 1925, takes 3-9 months, and is required to collect movable financial assets such as bank deposits, shares, and mutual funds.
How does an NRI obtain a succession certificate without travelling to India?+
An NRI can obtain a succession certificate through an advocate in India under a registered Power of Attorney. The POA must be consulate-attested or apostilled. The advocate files the petition before the district civil court, manages the mandatory notice period, attends hearings, and collects the certificate. Most NRIs complete the entire process without any travel.
Is probate mandatory in West Bengal for NRI heirs?+
Yes. West Bengal continues to require probate for Wills dealing with immovable property located in the state. The petition is filed before the Calcutta High Court on its Original Side. NRIs inheriting property in Kolkata or anywhere in West Bengal through a Will must obtain probate before the property can be transferred, mortgaged, or sold.
What is Dayabhaga and why does it matter for succession in Bengal?+
Dayabhaga is the school of Hindu law followed in West Bengal and Assam, distinct from the Mitakshara school followed in the rest of India. Under Dayabhaga, a son has no birthright or coparcenary interest in the father's property during the father's lifetime. The father has full ownership and complete testamentary rights. This means NRIs inheriting under a Bengali Hindu father's Will have stronger legal footing than under Mitakshara coparcenary law.
What documents are needed for probate of a Will in West Bengal?+
The probate petition before the Calcutta High Court requires: the original Will, death certificate of the testator, proof that the property is located in West Bengal or the testator last resided there, identity documents of the executor and heirs, property documents, and a court fee calculated on the estimated value of the estate.
Can an NRI draft a Will in India that covers foreign assets?+
An Indian Will governs assets located in India. A separate Will should be prepared in each country where the NRI holds assets, as foreign courts may not give effect to an Indian Will without additional procedures. For NRIs holding assets in India and abroad, India-side Will drafting can be coordinated with estate counsel in the relevant foreign jurisdictions.
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