Writing a Will in India: Essential Steps and Legal Requirements in 2025

Creating a legally valid will in India is crucial for ensuring your assets are distributed according to your wishes after your passing. This comprehensive guide covers the essential aspects of writing a will in India, including legal requirements, key elements, types of wills, and the specific considerations for residents and NRIs. Whether planning your estate or helping a family member, understanding the process of making a will in India will help protect your legacy.

Writing a Will in India - Quick Info (2025)

A will is a legal document that specifies how your assets should be distributed after your death. In India, anyone over 18 and of sound mind can create a will, regardless of nationality. The document allows you to name beneficiaries, appoint an executor, and ensure your wishes are legally protected.

Aspect	Details
Eligibility	Must be 18+ years and of sound mind
Key Elements	Testator details, beneficiary information, asset list, executor appointment
Registration	Optional but recommended for legal validity
Legal Requirements	Two witnesses, testator's signature, proper execution
Types of Wills	Privileged, unprivileged, conditional, joint, holograph
Revocation	Can be changed or revoked at any time during testator's lifetime
Executor	Person appointed to execute the will's provisions
Probate Process	Court verification of will's authenticity

Why NRIs Should Write a Will in India?

NRIs (Non-Resident Indians) with assets in India should prioritise creating an Indian will to ensure a secured transfer of their properties, investments, and financial holdings in India. Without a valid will, assets in India may be distributed according to personal laws based on religion, potentially leading to lengthy legal proceedings, family disputes, and tax complications that could significantly diminish the estate's value. Their Indian property might also get taken over by illegal settlers without any law or stakeholder protecting it.

Legal Framework for Writing a Will in India

The legal structure governing succession laws in India varies by religion and personal circumstances. The Indian Succession Act of 1925 is the primary legislation covering will creation and execution for most citizens. Religious communities follow specific provisions within this act, with additional laws like the Hindu Succession Act and Muslim Personal Law applying to their respective communities.

Indian Succession Act, 1925:

This act establishes the primary laws governing wills in India. It applies to all citizens, including NRIs, and covers the difference between testamentary succession (through wills) and intestate succession (without wills). The act has specific provisions for different religious communities, with separate sections for Hindus, Muslims, Christians, Parsis, and others.

Other Relevant Acts:

• Hindu Succession Act, 1956: This act governs inheritance for Hindus, Buddhists, Jains, and Sikhs, detailing succession rules for both with and without wills.
• Muslim Personal Law (Shariat) Application Act, 1937: This act outlines succession rules for Muslims, who have specific inheritance guidelines based on Islamic law.
• Registration Act, 1908: While registration of wills is optional, this act outlines the procedure for those who choose to register their wills for additional legal protection.

Key Tips for NRIs Writing a Will in India

• Clearly identify all Indian assets, including property, bank accounts, and investments.
• Appoint a local executor familiar with Indian legal procedures.
• Consider creating a separate will for Indian assets rather than including them in a foreign will.
• Understand the potential impact of dual citizenship or OCI status on inheritance matters.
• Have the will drafted in multiple languages if needed for clarity?

Key Tips for NRIs Writing a Will Abroad

• Consult with legal experts in both countries to understand overlapping jurisdictions.
• Consider creating separate wills for assets in different countries to avoid conflicts of law.
• Ensure your will addresses potential double taxation issues.
• Keep consistent beneficiary designations across all countries.
• Understand how foreign matrimonial property regimes might affect Indian assets.

Can NRIs Have Multiple Wills?

Yes, NRIs can and often should have multiple wills - one for Indian assets and another for assets in their country of residence. This approach simplifies probate processes, avoids asset distribution delays, and prevents legal system conflicts. However, the wills must be carefully drafted to ensure they don't accidentally revoke each other or create contradictory instructions for overlapping assets.

Tax Implications for NRIs

Understanding the tax implications in India and your country of residence is crucial when planning your estate as an NRI. Proper planning can minimise tax burdens and maximise the value passed to your beneficiaries.

Inheritance Tax in India:

Currently, India does not impose a specific inheritance tax. However, income generated from inherited assets may be subject to income tax. When inheriting property, beneficiaries might face capital gains tax if they later sell the property. The tax calculation would be based on the original acquisition cost by the deceased rather than the property's value at the time of inheritance.

Taxation in Resident Country:

Many foreign countries impose inheritance or estate taxes that may apply to global assets, including those in India. NRIs should understand how their country of residence taxes inherited assets and whether any tax treaties exist between India and their resident country that might relieve double taxation. Professional tax advice in both jurisdictions is highly recommended.

Witnessing and Execution of Will for NRIs

For an NRI's will to be legally valid in India, it must be properly executed and witnessed. The will requires signatures from two witnesses who have observed the testator signing the document. These witnesses should ideally be independent parties not benefiting from the will. For enhanced validity, NRIs may consider having their will notarised in their country of residence and attested by the Indian embassy or consulate. While execution can happen abroad, ensuring it follows Indian legal requirements is crucial.

Probate Process for NRIs in India

Probate is the legal process where a court certifies a will's authenticity. For NRIs, this process may involve additional steps. Executors must typically submit the original will, death certificate, and proof of the testator's Indian assets to the appropriate court. If the will was executed abroad, it might require authentication through apostille or consular legalisation. The probate process can take several months, with notices published in newspapers allowing potential claimants to contest the will. Having a local legal representative can significantly streamline this process.

How NoBroker Can Help?

We provide comprehensive legal assistance for creating sound wills that protect your wishes and your heirs' interests. Our team of expert legal professionals specialises in estate planning for both residents and NRIs, offering personalised advice on drafting, executing, and registering wills per Indian laws. We ensure all legal requirements are met while helping you navigate complex scenarios involving multiple jurisdictions, varied asset types, and family situations. From initial consultation to final execution, we handle all aspects of will creation with complete confidentiality and precision.

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