NRI With Assets in India? Here’s How to Write and Register a Will (Including Consulate Options)

Non-Resident Indians can fully control what happens to their Indian properties, bank accounts, and investments by writing a valid will from abroad and, if they wish, getting it registered in India through a representative using a consulate‑attested Power of Attorney.

1. Can an NRI write a will for Indian assets from abroad?

Indian law allows you to write a will anywhere in the world for assets located in India, as long as basic will requirements are followed. There is no restriction in the Indian Succession Act on place of execution or on your being an NRI or foreign citizen when making a will for Indian assets.indiacode+2​

For maximum clarity, most estate‑planning experts recommend that NRIs make a separate “India will” that deals only with Indian properties, bank accounts, demat holdings, and other domestic assets. This reduces clashes between different countries’ laws and avoids one global will accidentally revoking another local will.bizlawuk+2​

2. Core validity requirements for an NRI’s Indian will

Even when signed outside India, a will for Indian assets must satisfy both:

• The execution rules of the country where you sign; and

• The will‑execution rules under Section 63 of the Indian Succession Act, 1925.iwills+1​
  
  

Key requirements:iwills+1​

• The will is in writing (English or any Indian language is fine).

• You (the testator) sign it, or place a mark, intending it to be your will.

• At least two witnesses see you sign or hear you acknowledge your signature, and then sign in your presence; they should ideally not be beneficiaries.iwills+1​

• You are an adult of sound mind, acting voluntarily, not under coercion or undue influence.ezylegal+1​
  
  

Good practice for NRIs is to clearly list each Indian asset (property details, bank account numbers, folios, demat IDs) and to appoint at least one executor based in India who can practically handle banks, registries and courts there.iwills+2​

3. Should NRIs make one global will or separate wills?

Where your assets are spread over multiple countries, the safer approach is usually:ezylegal+1​

• One India‑specific will for all Indian assets; and

• Separate wills in other countries for local assets, drafted as per local law.

In each will, you should clearly state that:ibanet+1​

• The India will deals only with Indian properties and investments.

• It does not revoke or override wills made for other jurisdictions.
  
  

This reduces the risk of probate delays, tax complications, and conflicting court interpretations across countries.economictimes.indiatimes+1​

4. Enforcing a foreign‑signed will in India (probate)

A will signed abroad is not automatically effective in India; typically, your executor must obtain probate (court validation) before banks and registries act on it.iwills+2​

Typical process:indialawoffices+2​

1. After death, the executor seeks probate in your country of residence, if local law requires it.

2. The will and probate order are then apostilled or attested by the Indian consulate, to make them acceptable to Indian courts and authorities.treelife+1​
   

3. The executor, or a representative in India, files for probate or letters of administration in the appropriate Indian court (often where major immovable property is located or where you were last ordinarily resident in India).iwills+1​

4. Once probate is granted in India (an “ancillary probate” in case of a foreign will), the executor can transfer properties, close accounts, and distribute assets as per the will.indialawoffices+1​
   
   

For NRIs, every foreign document (will, affidavits, PoA) may need apostille or consular attestation and sometimes stamping/registration in India, which is why clear drafting and good documentation are critical.iwills+2​

5. Is registration of a will mandatory in India?

Under the Registration Act, 1908, registration of a will is optional, not compulsory. An unregistered will that is properly signed and attested by two witnesses is valid and enforceable in India.iwills+3​

However, registration offers important advantages:lawyered+2​

• The will is copied into official government records, making it harder to allege forgery.

• The Sub‑Registrar’s endorsement supports genuineness of your signature and the document.

• Even if the original is lost, a certified copy from the registrar’s office can often be used in court.
  
  

Registration can be done any time after execution (even years later) and, in some situations, by your executor after your death, because wills are exempt from the usual four‑month registration time limit.iwills+1​

6. Where and how is a will registered in India?

Registration happens at a Sub‑Registrar’s office in India, not at the embassy or consulate abroad. For residents in India, the general rule is to register at the Sub‑Registrar having jurisdiction over the testator’s place of residence.iwills+2​

Standard steps in India:iwills+2​

• Carry the original executed will, your photo ID and address proof, PAN, and two witnesses with their IDs.

• Attend the Sub‑Registrar’s office; the registrar verifies identities, records signatures/biometrics, and collects nominal registration fees.

• The will is recorded, and you receive the original with registration endorsement; a copy stays in official records.
  
  

iWills.in’s own guides emphasise that registration is a strong risk‑reduction tool, especially when multiple properties, blended families or likely disputes are involved.iwills+2​

7. Can an NRI “register” a will via consulate?

An Indian embassy or consulate cannot itself register your will under Indian registration law; it can only help with attestation / notarisation of signatures or documents. Registration continues to happen in India at a Sub‑Registrar’s office.mea+2​

There are two key roles for the consulate in this context:nitinbhatia+2​

1. Attesting your will signed abroad
   
   

• You sign the will in the presence of a consular officer or local notary plus two witnesses.

• The consulate issues an attestation confirming your identity and signature, which strengthens the will’s evidentiary value in India.
  
  

2. Attesting a Power of Attorney (PoA) to register the will in India
   
   

• You execute a PoA in favour of a trusted person in India, authorising them to present your will for registration at the Sub‑Registrar.raizadaassociates+2​

• The PoA is first notarised locally, then authenticated by apostille or consular attestation as per your country’s practice.raizadaassociates+1​

• The attorney in India gets the PoA stamped/registered if required, and then completes the will‑registration process at the Sub‑Registrar’s office.goinri+1​
  
  

So, you do not register the will “at” the consulate, but you can use the consulate to authenticate either the will or the PoA that enables registration in India. This hybrid route is commonly used by NRIs who cannot travel frequently.nitinbhatia+1​

8. Step‑by‑step: NRI pathway to a strong India will

A practical roadmap combining all of this looks like:iwills+2​

1. Identify Indian assets
   

• Properties, NRE/NRO/FCNR accounts, demat holdings, mutual funds, PPF/EPF, insurance, business interests, loans given, gold, etc.iwills+1​
  
  

2. Decide will structure
   

• Prepare a dedicated India will for all Indian assets, with a separate local will for foreign assets if needed.ezylegal+1​
  
  

3. Draft the will
   

• Use clear language, list assets and beneficiaries precisely, and appoint at least one executor living in India.iwills+1​

• Include a clause clarifying that this will governs only Indian assets and does not revoke overseas wills.ibanet+1​
  
  

4. Execute the will abroad correctly
   

• Sign in the presence of two independent witnesses who also sign in your presence.iwills+1​

• Optionally, have the will notarised or attested at the Indian consulate for evidentiary strength.cgichicago+1​
  
  

5. Decide on registration
   

• If you can travel to India, visit the Sub‑Registrar with the will and witnesses and register it.iwills+1​

• If you cannot travel, execute a PoA abroad, get it notarised and consular‑attested or apostilled, send it to India, get it stamped/registered if needed, and have your attorney register the will at the Sub‑Registrar.rustomjee+2​
  
  

6. Store and communicate
   

• Keep the original in a safe place (locker, trusted lawyer or professional custodian), and clearly inform your executor and key family members where it is kept.iwills+1​

• Review and update the will whenever your assets, family circumstances, or country of residence materially change.iwills+1​
  
  

7. Plan for execution and probate
   

• Ensure your executor knows they may need to get probate abroad, then apostille/consular‑attest the papers and file for probate in India to unlock assets smoothly.indialawoffices+2​
  
  

9. Why NRIs should not delay

NRIs and global Indians routinely lose time and money because assets in India are frozen until courts are satisfied about legal heirs or validity of documents. A clear India‑specific will—properly executed abroad, optionally registered in India, and backed by a consulate‑attested PoA where needed—can sharply reduce those hurdles for your family.iwills+3​

Platforms like iWills.in provide guided will‑drafting tailored to Indian law (including for NRIs), check for common errors, and help integrate documents and executors so that your cross‑border estate plan actually works when it matters most.iwills+2​