Estate Planning-India FAQs
- Does every person in India need a Will?
Anyone who owns assets– property, bank accounts, investments, or business interests– and has views about how those assets should pass needs a Will. Without one, assets are distributed under the applicable intestate succession law. For NRIs with Indian assets, this is especially important: Indian law governs Indian assets regardless of the testator’s country of residence.
- What happens to Indian assets if a person dies without a Will?
The applicable intestate succession law distributes the estate. For Hindus, Sikhs, Buddhists, and Jains, the Hindu Succession Act 1956 applies. For Christians and Parsis, the Indian Succession Act 1925 applies. Muslim succession is governed by personal law. Intestate distributions often differ significantly from the deceased’s intentions, and the process is typically slower and more contested than probate under a valid Will.
- What is probate and when is it required?
Probate is the court process by which a Will is proved valid and the executor is granted authority to administer the estate. It is legally required in certain major cities in India and strongly advisable elsewhere. The process involves filing a petition before the District Court or High Court, publication of notice, and a probate order– typically taking several months from filing to grant.
- Can an NRI’s foreign Will cover their Indian assets?
A foreign Will can extend to Indian assets, but it must first be granted probate in India. Most NRIs find it more practical to have a separate India-specific Will covering Indian assets, coordinated with their foreign estate arrangements.
- What is a gift deed and how is it used in estate planning?
A gift deed transfers ownership of property from the donor to the donee as a voluntary gift during the donor’s lifetime. In estate planning, gift deeds are used to transfer specific assets to specific beneficiaries without probate, to reduce the estate subject to succession proceedings, or to restructure family asset ownership in an orderly way. A gift of immovable property in India must be registered before the Sub-Registrar to be valid.
- How does ATB Legal coordinate India-UAE estate planning for NRIs?
ATB Legal’s dual India-UAE practice means NRI clients can coordinate estate planning across both jurisdictions from the same team. The India-specific Will covers Indian assets and is drafted for probate validity in India. UAE-side arrangements are coordinated to prevent conflict, ensure consistent treatment of joint assets, and reflect the testator’s intentions across both jurisdictions.