Will Registration vs. Intestate Succession for NRIs: What You Must Know:
By B S Makar, Advocate
Founder â B S Makar Advocates and Solicitors
đ House â669, Sector 64, Mohali, Punjab â 160062
đ +91â9878131111
đ www.makarlaws.com
đ Specialist in NRI Property Disputes | Estate Planning | Succession & Civil Litigation
In India, succession disputes are common â but they become even more complicated when they involve Non-Resident Indians (NRIs). NRIs often own properties in India or are legal heirs to ancestral or parental assets, yet many fail to plan how these properties will be passed on after their demise. This often leads to legal confusion, family disputes, and even fraudulent property possession by local relatives. The most important question NRIs must address is: Should you register a Will in India or rely on intestate succession laws?
A Will is a crucial tool to distribute property as per your wishes. On the other hand, intestate succession means your estate will be distributed by default rules laid down by law, which may not reflect your personal or family preferences. For NRIs, the choice between a registered Will and no Will (intestate succession) can have life-altering legal consequencesfor your heirs.
What Is a Will and Why Should NRIs Make One?
A Will is a legal declaration of how a person wants their assets to be distributed after their death. It can be registered or unregistered, but a registered Will has stronger evidentiary value in Indian courts. For NRIs, making a clear and registered Will can help prevent litigation in India, especially where multiple heirs or cross-border legal implications are involved.
You can even make a Will abroad, but if the property is in India, it must comply with Indian succession laws, including formal execution and preferably registration.
What Happens If You Die Without a Will?
If someone passes away intestate (without leaving a valid Will), their property is distributed under personal succession laws based on religion:
Hindus, Sikhs, Jains, Buddhists: Hindu Succession Act, 1956
Muslims: Muslim Personal Law (Shariat)
Christians, Parsis: Indian Succession Act, 1925
Under intestate succession, legal heirs are automatically determined by law â typically including spouse, children, and parents. But for NRIs, intestate succession often causes disputes, unauthorized occupation of property, litigation, and delay in inheritance due to unclear ownership or legal heirship complications.
Why Registered Wills Are Safer for NRIs
Though Indian law does not mandate Will registration, a registered Will offers greater security, especially for NRIs who live far from their Indian properties. Key advantages include:
Stronger legal standing in court
Reduced chances of disputes, forgery, or tampering
Clear protection of NRI-owned assets from unauthorised claimants
Easier execution by legal heirs or executors in India
A Will can be registered at the Sub-Registrarâs Office under the Registration Act, 1908, and it is advisable to include a medical certificate of soundness of mind, especially for senior citizens.
Will-Based vs. Intestate Succession: A Comparison:
When a person passes away, their assets can be distributed either through a Will (Will-based succession) or according to the law in the absence of a Will (intestate succession). In the case of a registered Will, the testator has full control over who inherits the property. This ensures clarity and minimizes legal disputes, provided the Will is properly drafted and executed. On the other hand, intestate succession occurs when no valid Will is available, and in such cases, the law decides the legal heirs, often leading to disputes among family members and extended delays in settlement.
Will-based succession generally takes less time, especially when the Will is registered, whereas intestate matters are often prolonged due to the need for legal verification. In a Will-based system, the Will itself acts as strong evidence of the testatorâs intentions. In contrast, intestate succession requires additional documents such as a legal heir certificate or a succession certificate to establish rightful ownership.
For Non-Resident Indians (NRIs), a properly written and registered Will ensures their rights are clearly protected. However, in intestate cases, NRIs may face legal challenges or even be ignored by local relatives. Additionally, probate (court validation of the Will) may be required in certain states like Maharashtra, West Bengal, and Tamil Nadu, while intestate succession typically requires a succession certificate for asset transfer.
Common NRI Issues in Succession Cases
Relatives taking over properties after the death of parents
Forgery or destruction of unregistered Wills
Mutation and title transfer done illegally by local family members
Delay in property transfer due to disputes among legal heirs
Challenge to foreign Wills under Indian law
Problems in obtaining probate or succession certificate from abroad
As a law firm handling hundreds of NRI inheritance and property matters, we at B S Makar Advocates and Solicitors regularly represent clients whose rightful share was denied due to absence of a Will or unclear legal planning.
At B S Makar Advocates and Solicitors, we provide expert assistance in:
Drafting and Registration of Wills (Indian and Foreign NRIs)
Filing Probate Petitions in Indian Courts
Obtaining Succession Certificates
Challenging forged Wills or illegal property transfers
Partition and Possession Suits in Civil Courts
Legal notices to unauthorized occupants
Online consultations for NRIs living abroad
Our team understands the unique problems NRIs face â distance, time, and unfamiliarity with Indian legal processes â and we are committed to providing clear, aggressive, and ethical legal solutions.
If you are an NRI and own property in India â or expect to inherit one â you should:
Draft a clear Will naming specific properties and beneficiaries
Register the Will for added legal strength
Appoint a reliable executor in India
Keep copies of the Will safe with your lawyer and trusted family members
Update your Will periodically, especially after significant life events like marriage, purchase of new property, or relocation
đ Contact for Expert Legal Help
B S Makar, Advocate
Founder â B S Makar Advocates and Solicitors
đ House â669, Sector 64, Mohali, Punjab â 160062
đ +91â9878131111
đ www.makarlaws.com
đ§ Email: [email protected]
We represent NRIs from the US, UK, Canada, Australia, UAE, and around the world â ensuring their legal rights are protected and their family legacy is preserved.
