Personal Status Law- India FAQs
- Which succession law applies to an Indian national’s estate?
The applicable succession law depends on the religious community of the deceased. The Hindu Succession Act 1956 governs Hindus, Sikhs, Buddhists, and Jains. The Indian Succession Act 1925 applies to Christians and Parsis. Muslim succession is governed by Islamic personal law applied through Indian courts. For NRIs, the location of assets and the nationality of heirs may also require coordination with foreign succession laws.
- Do NRIs need to register a Will in India?
Will registration with the Sub-Registrar is not mandatory but strongly recommended. A registered Will creates a public record, is harder to challenge, and simplifies probate and succession proceedings. For NRIs with India-based immovable property, registration significantly reduces the risk of delays and disputes.
- What is the difference between probate and a succession certificate?
Probate is granted by the High Court to validate a Will and authorise the executor to administer the estate — typically required for immovable property in Presidency towns or where the Will is contested. A Succession Certificate is granted by the District Court under the Indian Succession Act 1925 and establishes the right of heirs to collect debts and movable assets — such as bank accounts, shares, and investments — from an intestate estate.
- Can an Indian court recognise a foreign divorce judgment?
Yes, subject to conditions. Foreign divorce decrees are recognised under Section 13 of the Code of Civil Procedure if they were passed by a competent court, the proceedings were conducted correctly, and the decree does not conflict with Indian public policy or natural justice. ATB Legal advises on the conditions for recognition and manages enforcement proceedings in India.
- How is child custody determined in India, and what happens in cross-border cases?
Indian courts apply the welfare of the child as the paramount consideration under the Guardians and Wards Act 1890. Cross-border custody cases are complex because India is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction — Indian courts apply their own welfare analysis rather than the Convention’s automatic return mechanism. ATB Legal advises on structuring custody arrangements that are durable across the relevant jurisdictions.
- How does ATB Legal’s dual India-UAE presence help in personal status matters?
Most personal status matters for NRIs in the UAE have both an India dimension and a UAE dimension — whether estate assets sit in both countries, custody arrangements must work across both jurisdictions, or succession structures need to coordinate Indian and UAE law. ATB Legal’s dual presence means a single advisory relationship covers both without duplication of instructions or conflicting advice.