Can NRIs make a will for Indian property?

What the Law Says

The Indian Succession Act, 1925 governs the making of wills in India — including for Non-Resident Indians (NRIs). The law does not discriminate based on residence or citizenship.

An NRI — whether holding Indian or foreign citizenship — retains full testamentary capacity over their immovable property situated in India, as long as they meet the legal requirements for making a valid will.

The will must be executed voluntarily, without coercion or fraud, and the testator must be of sound mind and at least 18 years old.

Unlike some other legal documents, registration of a will is not mandatory under Indian law — though it adds evidentiary weight. A will may be written in any language and need not be on stamp paper.

Statutory Text

Every person of sound mind, not being a minor, may dispose of his property by will.

— Indian Succession Act, 1925, s. 59 — Who may execute a will

Statutory Text

No will shall be valid unless it is in writing and executed in the manner hereinafter mentioned.

— Indian Succession Act, 1925, s. 63 — Execution of unprivileged wills

Statutory Text

The testator shall sign or affix his mark to the will, or it shall be signed by some other person in his presence and by his direction; and the signature or mark must be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.

— Indian Succession Act, 1925, s. 63(c)

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