Many Kerala NRIs build lives and assets across two jurisdictions — property in Kerala, savings and investments in the UAE (or other Gulf countries), and families with members in both countries. When such an NRI passes away, the estate administration involves two separate legal systems: Indian succession law for the India-side assets, and UAE law (Civil Law or Personal Status Law depending on the emirate and the deceased's religion) for the UAE-side assets. These systems operate independently and simultaneously. Without advance planning — separate Wills for each jurisdiction, properly structured asset ownership, and designated representatives in both countries — the estate administration becomes protracted, expensive and contested.
Administering an NRI Estate Across India and the UAE
A significant number of NRIs hold assets in both India and the UAE. When such an individual dies, the estate must be administered under two separate legal frameworks: Indian succession law for Indian assets, and UAE personal status law (which recognises DIFC Courts for non-Muslims in Dubai, or applies Sharia law for Muslims) for UAE assets.
UAE Legal Framework for Non-Muslim NRIs
The UAE introduced Federal Decree-Law No. 41 of 2022 on Civil Personal Status for non-Muslims, which allows non-Muslim expatriates to opt into a civil law framework for succession, divorce, and family matters. Non-Muslim NRIs with significant UAE assets should consider preparing a UAE Will registered with the DIFC Wills Service or the Abu Dhabi Judicial Department, which provides a streamlined process for distributing UAE assets according to the deceased's wishes rather than Sharia principles.
Indian Assets of UAE-Based NRIs
Indian assets — property, bank accounts, fixed deposits, shares — are governed by Indian personal law regardless of where the deceased resided. For Hindu NRIs, the Hindu Succession Act applies to Indian property. A succession certificate from the Indian District Court is required to release financial assets in India. Indian immovable property passes under the Will (if registered) or under intestate succession law.
Practical Steps for Families
Families managing a cross-border India-UAE estate should first obtain the UAE death certificate, have it attested by the UAE Ministry of Foreign Affairs, then apostilled or legalised for use in India. This document forms the foundation for all subsequent Indian legal proceedings. Simultaneously, the UAE estate process (DIFC probate, or local court process) must be initiated for UAE assets. Having separate, jurisdiction-specific Wills for India and the UAE simplifies both processes considerably.
For detailed guidance on this topic specific to your circumstances, the office is available at luka@lukeandluka.in or +91 96057 61330, Monday to Friday, 10:00 AM to 5:30 PM IST. Remote consultations — by video call, WhatsApp or email — are available for NRIs and OCI holders in all time zones.