Heirs abroad can claim Indian property, bank deposits and shares without moving to India. If there is a will, it may need probate, which is compulsory for certain wills made in or about property in the former presidency towns. If there is no will, heirs inherit under the Hindu Succession Act, 1956, the Indian Succession Act, 1925 or personal law. Banks and companies often ask for a succession certificate, and land records are updated by mutation. Documents signed abroad need a notary plus an apostille or Indian mission attestation.
Which document you actually need
Heirs often spend months obtaining the wrong certificate. The right one depends on the asset and on what the institution holding it will accept:
- Probate or letters of administration when there is a will and the property or the will falls where probate is compulsory, or when an institution insists on it. See wills and probate.
- Succession certificate under Part X of the Indian Succession Act, 1925, for debts and securities such as bank deposits, shares and dues. See succession certificate.
- Mutation in municipal or revenue records once the right to the property is clear. See mutation and transfer.
- Relinquishment deed or family settlement where some heirs want to give up their share in favour of others.
Small balances may be released by a bank on its own indemnity and affidavit procedure, without any court document. We check this first, because it can save months.
Signing affidavits and powers of attorney from abroad
Almost every inheritance file needs affidavits, consents or a power of attorney from heirs who live overseas. How they are signed depends on the country:
| Where the heir lives | Usual formality |
|---|---|
| Countries party to the Hague Apostille Convention with India (for example USA, UK, Canada, Australia) | Local notary, then apostille |
| Countries not party, or where the Convention is not in force with India (for example UAE, Qatar, Kuwait, Germany) | Notarisation, then attestation by the Indian embassy or consulate, or signing directly before a consular officer |
A power of attorney must be stamped within three months of arriving in India, and if it is to be registered, the Registration Act, 1908 has specific provisions for documents executed outside India. Our page on apostille and attestation explains the steps country by country.
Mistakes heirs abroad commonly make
- Letting a sibling in India apply alone for mutation, which can leave the other heirs out of the record.
- Signing a broad general power of attorney when a specific one would protect you better.
- Selling inherited property before the title is cleared, which makes the sale vulnerable and complicates repatriation.
- Ignoring tax. India has no inheritance tax, but income from inherited property and a later sale are taxable, and the buyer must deduct tax at source when a non-resident sells.
- Waiting too long. Delay lets records drift, witnesses become unavailable and occupants grow bolder.
The usual order of steps
Most estates follow the same sequence. First, collect the death certificate, the will if there is one, and a list of assets with account numbers and property details. Second, agree among the heirs who will act in India and sign the consents or power of attorney abroad. Third, obtain probate, a succession certificate or the bank's own release, depending on the asset. Fourth, update the records through mutation and transfer the shares and deposits. Only then should property be sold and money repatriated. Doing these steps out of order is the main reason inheritance files stall, and the main reason buyers and banks raise objections later.
Which service do you need?
| Your situation | Service |
|---|---|
| A parent left a will covering property in India | Wills & Probate |
| You want to make an Indian will while living abroad | Wills & Probate |
| A bank or company wants a court certificate to release deposits or shares | Succession Certificate |
| Inherited property is still in the name of the deceased | Mutation & Transfer |
| Someone in India needs authority to act for you | Power of Attorney |
| You are unsure whether your document needs an apostille or attestation | Apostille & Attestation |
All inheritance & documents services
Wills & Probate
Indian wills for overseas families and probate of wills in Indian courts.
Learn moreSuccession Certificate
Claiming a relative's bank deposits, shares and dues as a legal heir.
Learn moreMutation & Transfer
Getting inherited or gifted property recorded in your name.
Learn morePower of Attorney
Drafting, signing abroad, attestation, stamping and registration in India.
Learn moreApostille & Attestation
Which stamp your country needs and how to get documents accepted in India.
Learn moreFrequently asked questions
Is there inheritance tax in India?
No. India abolished estate duty in 1985 and has no inheritance tax. Income from inherited assets and gains on their later sale are taxed in the usual way.
Can a foreign citizen inherit property in India?
Yes. A person resident outside India can inherit property from a person resident in India, subject to FEMA. Agricultural land can be inherited, but a later sale and repatriation have their own rules.
Is probate compulsory for every will?
No. It is compulsory for wills of Hindus, Buddhists, Sikhs and Jains only where the will was made in, or concerns immovable property in, the former presidency areas of Bengal, Madras and Bombay. Elsewhere it is optional but sometimes requested.
Can a will made abroad be used in India?
Yes, if it is valid under the law that applies to it. For Indian immovable property, Indian law generally governs succession, and the foreign will may need probate or a certified copy of a foreign grant before Indian authorities act on it.
How long does a succession certificate take?
Commonly several months, because the court issues public notice and waits for objections. Uncontested petitions with complete documents move faster.
Do all heirs need to come to India?
No. Heirs abroad usually sign consents or a power of attorney before a notary or the Indian mission, and the case is conducted in India by the attorney holder and our team.