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Wills & Probate for clients in Afghanistan

Afghan families with property in India and children in several countries need wills that work in India and do not leave heirs stuck.

Updated Reviewed by our legal team

Wills & Probate for clients in Afghanistan
In short

A will covering property in India is valid if signed by the testator and attested by two witnesses under the Indian Succession Act, wherever it is made. Probate is needed only in some cases, but heirs who are Afghan citizens may need RBI permission to take or sell Indian property, so the will should be drafted with each heir's nationality in mind.

Document route
Case by case: Indian mission in Kabul where available, or Indian documents and third-country routes
Time difference
IST is 1 hour ahead of Afghanistan all year
Law
Indian Succession Act 1925
Witnesses
Two attesting witnesses

Wills & Probate from Afghanistan: how it works

We draft the will under Indian law, list each Indian property and account, and appoint an executor in India who can deal with banks and registries. Where some heirs are Afghan citizens, we consider leaving property to heirs who can hold it easily, with equalisation through other assets.

When the time comes, we apply for probate or letters of administration where needed, or a succession certificate for movable assets, and handle the transfers. Registering the will in India helps against later challenges.

What clients in Afghanistan should know

  • Use witnesses who will be traceable in future.
  • Review the will whenever citizenship or residence changes.
  • Keep the original will safe and tell the executor where it is.

Step by step from Afghanistan

  1. Video consultation

    A call at a time that suits Afghanistan, after we have read your documents.

  2. Documents signed in Afghanistan

    Case by case: Indian mission in Kabul where available, or Indian documents and third-country routes

  3. Work in India

    Our team files, appears and follows up in India, and shares scans of everything filed.

  4. Result and handover

    Certified copies and originals are couriered to you in Afghanistan where needed.

The full guide

This page covers what changes when you are in Afghanistan. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Afghanistan and the Inheritance & Documents practice area.

Please note: this page explains the law and procedure in general terms as on 12 November 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.

Questions from clients in Afghanistan

Can I make an Indian will while living abroad?

Yes, signed and attested by two witnesses; registration in India is optional.

Is probate compulsory in Delhi?

Not usually, but banks and registries may ask for it in some cases.

Can a will avoid the RBI permission requirement?

No, but it can direct property to heirs who do not need permission.

Tell us about your matter

Send the papers you have. We reply to clients in Afghanistan within one working day.

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