Complete Guide to Writing a Will for Indian Assets: NRIs, OCIs, Foreign Citizens, and Global Indians

Living outside India often means managing assets across multiple jurisdictions—from residential flats and ancestral land to NRE/NRO fixed deposits, mutual funds, and demat accounts.

When planning your estate, one foundational principle applies: a nomination on a bank account, mutual fund, or property does not necessarily replace a Will. While nomination generally facilitates administrative transmission upon death, the ultimate beneficial ownership is determined by applicable succession laws and the terms of a valid Will.

As a general rule, NRIs, OCIs, and foreign citizens who lawfully own or are entitled to Indian assets can make a Will dealing with their Indian estate, subject to applicable succession, property, and FEMA restrictions. How the law treats your estate depends entirely on your legal classification and cross-border status.

1. Non-Resident Indian (NRI)

Legal Definition: An Indian citizen holding a valid Indian passport who resides outside India for employment, business, vocation, or an uncertain period. (Note: Residence tests differ under the Foreign Exchange Management Act (FEMA) and the Income-tax Act, 1961).

Can an NRI make a Will for Indian assets? Yes. NRIs enjoy full rights under the Indian Succession Act, 1925, and their respective personal succession laws to bequeath lawfully held property.
Key Cross-Border Consideration: Executing a single generic Will overseas that attempts to govern both global and Indian assets can create significant procedural bottlenecks. Proving or administering a foreign Will before Indian courts, financial institutions, or revenue authorities may lead to delays and additional litigation steps (such as applying for ancillary letters of administration under Section 228 of the Indian Succession Act).
Best Practice: Execute a dedicated, India-Situs Will dealing strictly with Indian movable and immovable properties, alongside a separate local Will or trust in your country of residence.

2. Overseas Citizen of India (OCI)

Legal Definition: A foreign citizen of Indian ancestry registered under Section 7A of the Citizenship Act, 1955.

Can an OCI make a Will for Indian assets? Yes. OCIs can execute a Will for their Indian estate.
Key Cross-Border Consideration: Under FEMA regulations (specifically the Non-Debt Instruments Rules, 2019), OCIs cannot acquire agricultural land, farmhouses, or plantation properties by direct purchase. However, an OCI can legally acquire agricultural land by way of inheritance from a person resident in India or a person resident outside India who held it in accordance with law.
Succession & Transfer Rules: While an OCI can inherit agricultural property, subsequent sale or transfer of that property can generally only be made to a person resident in India who is an Indian citizen. Furthermore, where sale proceeds or inherited funds are remitted abroad through NRO accounts, applicable FEMA limits (such as the USD 1 Million annual remittance scheme) and tax-compliance procedures must be followed.

3. Foreign Citizen of Indian Origin without OCI

Legal Definition: An individual who held Indian citizenship or whose parents/grandparents were Indian nationals, but who has acquired foreign nationality and has not obtained an OCI card.

Can they make a Will for Indian assets? Yes.
Key Cross-Border Consideration: Unlike registered OCIs, foreign nationals of Indian origin without an OCI card do not automatically enjoy general statutory parity for acquiring or dealing with certain classes of immovable property. If they own or inherit Indian assets (such as ancestral properties acquired prior to nationality change or via lawful succession), bequeathing and transferring title requires strict verification against FEMA provisions and general/specific RBI permissions.
Best Practice: Identify the historical title trail of all Indian assets to ensure seamless transmission to named heirs without administrative complications.

4. Foreign Citizen / Non-Indian-Origin Beneficiary

Legal Definition: A foreign national with no Indian ancestry (e.g., a foreign spouse of an NRI, or non-Indian family members).

Can they inherit and be named in an Indian Will? Yes. A testator can bequeath Indian assets to a foreign national.
Key Cross-Border Consideration: While an outright foreign national can inherit property under a valid Will, their rights to hold, transfer, or liquidate certain immovable assets—especially agricultural land—are subject to regulatory restrictions under FEMA. In some instances, holding inherited property may require regulatory approval, or the Will must structure the bequest to allow the executor to liquidate the asset and distribute net proceeds.
Best Practice: Address currency remittance pathways and tax reporting rules in the beneficiary's home country (such as US IRS Form 3520 reporting for foreign bequests) when structuring the bequest.

5. Temporary Expats & Overseas Students

Legal Definition: Indian citizens temporarily abroad on work permits (H-1B, L-1, Tier 2, Blue Card) or student visas (F-1/OPT) whose residential and tax status may fluctuate.

Can they make an Indian Will? Yes.
Key Cross-Border Consideration: Young professionals often hold mutual fund SIPs, PPF/EPF, equity portfolios, and domestic bank accounts in India while accumulating stock options (ESOPs/RSUs) or overseas savings abroad.
Best Practice: Establish an early estate plan to ring-fence domestic holdings, clear up asset trails, and avoid leaving succession to default intestate laws.

Summary Comparison

Persona	Citizenship	Acquisition of Agricultural Land	Implication for Indian Will
NRI	Indian	Prohibited by purchase; allowed by inheritance.	Recommended separate India-Situs Will to avoid foreign Will delays.
OCI	Foreign	Prohibited by purchase; allowed by inheritance.	Can inherit; subsequent transfer/sale restricted to resident Indian citizens.
Foreign Citizen (No OCI)	Foreign	Prohibited by purchase; succession subject to FEMA.	Requires verification of property category and title history.
Foreign Beneficiary / Spouse	Foreign	Subject to strict FEMA restrictions on holding/transfer.	Structured bequests or liquidation instructions recommended.
Temporary Expat / Student	Indian	Subject to general resident/NRI rules.	Early execution to protect growing domestic and global assets.

Drafting vs. Executing an Indian Will from Abroad

Drafting and legally executing a Will involve distinct considerations:

Drafting: Can be completed remotely from anywhere in the world, tailored to the specific nature and geography of your assets.
Execution: Under Section 63 of the Indian Succession Act, 1925, a Will must be signed by the testator in the presence of at least two attesting witnesses who see the testator sign. When executed abroad, it can be signed and witnessed locally (often before a notary public or at the Indian consulate, depending on jurisdiction and evidentiary preferences).
Registration: Registration of a Will is optional in India under the Registration Act, 1908. While an unregistered Will remains legally valid if properly executed and attested, registration provides additional evidentiary value against claims of tampering.

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