Why a Single Global Will Creates a Two-Continent Bottleneck
Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the United States, United Kingdom, UAE, Canada, Australia, or Singapore frequently assume that a comprehensive Will drafted in their country of residence automatically governs their flat in Mumbai, ancestral house in Delhi, or NRE/NRO fixed deposits with Indian banks.
While Indian courts recognize foreign wills in principle, executing a foreign Will in India triggers Section 228 of the Indian Succession Act, 1925. Before any Indian bank, cooperative housing society, or Sub-Registrar accepts a foreign Will, your beneficiaries must first wait 6 to 18 months for the overseas court (in California, London, Ontario, or Dubai) to grant probate, obtain apostilled or Indian Embassy-attested certified copies, and then file a second ancillary petition in an Indian District Court or High Court for 'Letters of Administration with Authenticated Copy of the Will Annexed'.
“Under the Two-Will Strategy, your foreign Will governs your overseas assets and your Indian Will exclusively governs your Indian movable and immovable estate—allowing both jurisdictions to administer your estate simultaneously without waiting on each other.”
The Golden Rule: Non-Revocation Territorial Scope Clauses
The single biggest drafting error made by general practitioners is leaving a standard blanket revocation clause ('I hereby revoke all my previous Wills and codicils') at the top of a new Will. If you execute an Indian Will in 2026 and later update your US or UK Will in 2027 with a blanket revocation clause, that foreign update inadvertently revokes your Indian Will.
Every NRI Indian Will drafted on WillDrafting.in and reviewed by AMA Legal Solutions contains a strict territorial scope declaration: it states that the testament applies solely to movable and immovable assets situated within the Republic of India and explicitly preserves any past or future testamentary instruments governing assets outside India.
FEMA Rules on Inheriting Residential & Agricultural Property
Under Section 6(5) of the Foreign Exchange Management Act (FEMA), 1999 and the FEMA (Non-Debt Instruments) Rules, 2019, an NRI or OCI is legally permitted to inherit any immovable property in India—including residential apartments, commercial offices, and even agricultural land, farmhouse, or plantation property—from a person resident in India or from another NRI/OCI who acquired it in compliance with FEMA laws in force at the time.
However, while an NRI or OCI can lawfully inherit agricultural land through a valid Indian Will, FEMA prohibits them from selling or gifting that agricultural land to another NRI or OCI; any subsequent sale must be made only to a person resident in India who is an Indian citizen.
How an NRI Executes a Valid Indian Will from Abroad
Under Section 63 of the Indian Succession Act, 1925, an NRI does not need to fly to India or purchase Indian stamp paper to make a valid Indian Will. You can print your Indian Will on plain A4 paper in New York, London, Dubai, or Toronto and sign it in the simultaneous presence of two adult independent witnesses (such as friends, colleagues, or neighbors in your country of residence) who are NOT beneficiaries or spouses of beneficiaries.
For added evidentiary weight—especially if you are bequeathing high-value real estate in India or nominating an Indian executor—you may also attach a physician's sound-mind certificate and, if executing a supporting Power of Attorney for property mutation, have it apostilled under the Hague Convention or attested at the local Indian Embassy or Consulate.
What to do next
Catalogue all Indian assets separately: flat/plot survey numbers, NRE/NRO/FCNR bank accounts, Demat DP ID/Client ID folios, mutual funds, and PPF accounts
Appoint a trusted executor residing in India (or an alternate Indian executor) who can physically appear before banks, housing societies, and municipal mutation authorities
Draft a dedicated Indian Will with an explicit territorial clause protecting your overseas Will from accidental cross-revocation
Frequently Asked Statutory Questions
Do I need to travel to India to sign my Indian Will?
No. Under Section 63 of the Indian Succession Act, 1925, an NRI or OCI can print and sign their Indian Will in their country of residence in the simultaneous presence of two independent adult witnesses.
Can an NRI or OCI inherit agricultural land in India under a Will?
Yes. While FEMA prohibits NRIs and OCIs from purchasing agricultural land in India, Section 6(5) of FEMA permits inheriting agricultural land by Will or intestate succession from a resident Indian. Any later sale must be to a resident Indian citizen.
