When an NRI who has built assets across two or more countries passes away, the estate administration is not a single proceeding — it is multiple simultaneous proceedings in each jurisdiction where assets are held, each governed by that country's succession law. The family in Kerala may need to obtain probate or succession certificates for the India assets, while simultaneously navigating the succession process in the UK, USA, Australia, Canada or the Gulf country where the NRI resided. Without advance planning — properly executed Wills for each jurisdiction, correctly structured asset ownership, and informed representatives in each country — the multi-country estate becomes protracted and expensive.
Managing a Cross-Border Estate — India and Abroad
When an NRI dies holding assets in both India and a foreign country, the estate administration involves two separate legal systems operating simultaneously. The Indian assets are governed by Indian succession law; the foreign assets are governed by the law of the country where they are situated. These processes do not automatically recognise each other's orders.
Indian Assets — What Applies
For property and financial assets in India, the Indian Succession Act, 1925 governs Christians and Parsis. For Hindus, Sikhs, Buddhists and Jains, the Hindu Succession Act, 1956 applies to property in India. Muslim personal law applies to Muslims regardless of where they reside. The nationality or domicile of the deceased does not change which personal law governs their Indian property.
Immovable Property in India
For immovable property (land and buildings), the law of the place where the property is situated governs succession — this is lex situs. A Will executed abroad can apply to Indian immovable property if it is valid under the law of the country where it was made and also complies with Indian requirements for Wills. However, where the Will is not registered in India, disputes are more likely and probate may be required.
Financial Assets in India
Bank accounts, fixed deposits, shares, and mutual funds held in India require either a nomination claim, a succession certificate from the District Court, or Letters of Administration, depending on the institution and the amount involved. NRIs should ensure that all Indian financial accounts carry valid, updated nominations to avoid the succession certificate process.
Coordinating India and Foreign Proceedings
Where the foreign country grants Probate or Letters of Administration over the NRI's entire estate (including Indian assets), that grant does not automatically operate in India. A separate application to the Indian court (or endorsement of the foreign grant) is typically required for Indian assets. Early legal advice in both jurisdictions reduces delays and costs significantly.
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.