How NRIs Can Make a Legally Valid Will in Chandigarh

5 mins

Secure Your Indian Assets with an NRI Will – Plan Today for a Hassle-Free Tomorrow!

A Non-Resident Indian (NRI) is an Indian citizen or person of Indian origin who doesn’t reside in India permanently, as defined by the Income Tax Act, 1961, and the Foreign Exchange Management Act, 1999 (FEMA). With over 20 lakh Indians emigrating yearly, NRIs often hold assets across multiple countries—making a will not just important, but essential.

If an NRI dies without a will (intestate), their family might struggle to identify and claim Indian assets like property or bank accounts. A will acts as a clear record, ensuring your estate goes to your chosen beneficiaries smoothly.

Will-Making Essentials For NRIs in Chandigarh

Contrary to common belief, making a will for Indian assets is simple for NRIs. Per Section 59 of the Indian Succession Act, 1925, you must be of sound mind, at least 18 (or 21 if under a guardian), and act without coercion or undue influence.

The will must be written, signed by the testator (you), and attested by two reliable witnesses (Section 63). It should name an executor—someone to carry out your wishes—and clearly list assets (e.g., “my flat in Adyar”) and beneficiaries (e.g., “to my daughter, Priya”)

Estate planning might seem daunting, especially for NRIs unfamiliar with India’s succession laws, but skipping it leaves heirs facing the slow grind of intestate succession. Without a will, families abroad may need to travel to India for a succession certificate or letter of administration from a court under Section 370 of the Indian Succession Act, 1925.

This requires documents like death certificates, birth records, asset details, and IDs. If uncontested, it takes six months or more; if challenged, it could drag on for years, delaying access to assets.

NRIs, did you know that dying without a will can lead to lengthy legal battles? Secure your Indian assets with a legally valid will today!

Nuances Of Succession Laws

Succession laws vary globally, depending on:

Where the NRI resided at death (domicile).
Location of assets (movable vs. immovable).
Local inheritance rules (e.g., forced heirship).

Under private international law principles, immovable property (e.g., land in Chandigarh) follows the succession laws of India—typically the Indian Succession Act, 1925, or personal laws like the Hindu Succession Act, 1956, based on religion.

Movable assets (e.g., bank accounts) are governed by the laws of the NRI’s domicile country at death. For example, an NRI in the UAE without a DIFC Will (introduced in 2017 for non-Muslims) sees their estate split under Sharia law, potentially clashing with Indian rules.

Should an NRI prepare a separate Indian Will in Chandigarh?

Legally, an NRI can draft one multi-jurisdictional will covering all assets worldwide. However, a separate will for Indian assets—especially in Chandigarh—is practical. Why?

Clarity: Tailors the will to Indian laws, reducing conflicts.
Speed: Indian heirs can act immediately without waiting for foreign probate or validation.
Simplicity: Avoids the need to authenticate a foreign will in India, which can be costly and slow under Section 276 probate rules.

Avoid delays and disputes—create a separate will for your Indian assets with expert legal guidance.

Key Court Rulings on NRI Wills

Indian courts have shaped NRI succession:

Nachiappa Chettiar v. Muthukaruppan Chettiar (1946): Confirmed that immovable property in India follows Indian succession laws, regardless of domicile.
Shirin H. Mistry v. Union of India (2019): Upheld an NRI’s separate Indian will for faster execution, avoiding foreign law delays.
Delhi High Court (March 2025): A recent ruling favored a registered NRI will over an unregistered one in a dispute, per X posts—registration adds strength.

Will-Making Tips For NRIs in Chandigarh

Nominee vs. Heir: Appointing a nominee (e.g., for bank accounts) isn’t enough—they’re trustees, not owners. A will defines legal heirs, avoiding disputes (Sarla Verma v. Delhi Transport Corporation, 2009).
Hire Experts: Use professionals familiar with the Indian Succession Act, 1925, and FEMA to draft a valid will.
Update Regularly: Review every 1–2 years for new assets or executor changes.
Be Clear: Avoid vague terms—say “₹5 lakh in HDFC account to my son” instead of “money to kids.”
Choose Wisely: Pick a younger, reliable executor in Chandigarh for easy follow-up. Use different executors for multiple wills.
FEMA Rules: Account for foreign exchange regulations if beneficiaries are NRIs—repatriation limits apply.
Safe Storage: Keep the original will secure (e.g., bank locker) and inform the executor of its location.

NRIs don’t need to be in India to make a will—just sign it before two witnesses anywhere. Registration isn’t mandatory under Section 18(e) of the Registration Act, 1908, but a registered will (e.g., via Sub-Registrar or Indian consulate) is harder to challenge.

Without a valid will, your wealth might not reach your loved ones as intended. Intestate succession is emotionally and financially draining—especially for NRIs whose heirs may abandon claims due to time, cost, or legal confusion.

Don’t let your loved ones struggle with inheritance issues. Draft your NRI will now to ensure a smooth estate transfer.

ezyLegal’s Will Making Services for NRIs in Other Cities of India

Frequently Asked Questions on Online Will Making for NRI in Chandigarh

Q1. Why is making a will important for NRIs?

Ans1. It directs asset distribution across countries, avoiding legal hurdles for heirs.

Q2. Can an NRI make a will without being physically present in India?

Ans2. Yes, sign it with two witnesses anywhere; consulate registration boosts validity.

Q3. Should NRIs create a separate will for Indian assets?

Ans3. Yes, it speeds up execution and skips foreign validation.

Q4. What happens if an NRI dies without a will?

Ans4. Indian assets follow local succession laws (Indian Succession Act, 1925, or personal laws), not always per their wishes.

Q5. How do succession laws affect an NRI’s estate?

Ans5. Immovable assets follow Indian law; movable assets follow domicile law.

Q6. Can an NRI’s will be challenged in court?

Ans6. Yes, on grounds like coercion or improper execution (Section 61).

Q7. Does appointing a nominee replace the need for a will?

Ans7. No, nominees hold assets; a will names heirs.

Q8. What is the role of an executor in an NRI will?

Ans8. They execute the will—choose someone reliable and local.

Q9. Can an NRI register their will?

Ans9. Yes, optionally, for stronger proof (Section 18(e)).

Q10. How can an NRI ensure a hassle-free estate transfer?

Ans10. Seeking professional legal assistance of online legal services platforms like www.ezylegal.in ensures the will is correctly drafted, legally sound and executed without unnecessary delays.

Creating a will is one of the most important steps an NRI can take to protect their assets and family. Without a valid will, your loved ones may face long legal battles and financial uncertainty. Don’t leave your estate to chance—consult estate planning professionals today to create a legally sound will for your Indian assets!

Adv. Priyanka Sharma

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Priyanka Sharma is a legal consultant who prioritises ethical and professional conduct while striving to achieve desired outcomes. With over 6years of independent practice, she has significant expertise in handling legal cases. Her exceptional communication skills enable her to express arguments in a clear and persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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