Succession • January 2025 • Varasa Knowledge Centre
Many NRIs have a will prepared in their country of residence — in the UK, USA, UAE, Canada, or Australia — and assume that this document will cover their property in Kerala and India. In most cases, this assumption is incorrect, and the consequences of that error can be severe for the family left behind.
Understanding how jurisdiction affects succession to Indian property is one of the most important aspects of NRI estate planning.
The foundational rule is known as lex situs: immovable property is governed by the law of the country in which it is situated. Under Section 5 of the Indian Succession Act, 1925, succession to immovable property in India is governed by Indian law, regardless of where the owner resides or where the will is executed.
This means: your Kerala property will be subject to Indian succession law no matter what your overseas will says.
The more immediate problem for many NRIs is not jurisdiction but revocation. Under Section 70 of the Indian Succession Act, 1925, the execution of a later will generally revokes all earlier wills. Many standard UK, Australian, or Canadian wills include a clause stating that the will revokes all previous wills and testamentary documents.
If you have an earlier Indian will and you later execute an overseas will containing such a clause, your Indian will may be deemed revoked — even if that was never your intention, and even if the overseas will was not intended to cover your Indian assets.
The solution is to ensure each will explicitly states: "This will covers only my assets situated in [country/India] and does not revoke any will I have made covering assets in any other jurisdiction."
The applicable personal law also affects what can be bequeathed and how. Under Muslim Personal Law, a testator can only bequeath up to one-third of the estate by will. Under Hindu law as amended by the Hindu Succession Act, 1956, daughters now have equal rights in ancestral property — a provision that cannot be contracted out by will. Under the Indian Succession Act, 1925, Christians and Parsis have greater testamentary freedom.
Varasa assists NRI families in structuring their estate planning documents so that their Indian assets are properly covered, cross-revocation risks are eliminated, and the transition to heirs is managed with the least possible administrative burden.
Varasa provides confidential, structured consultation for NRIs and Indian families. Every situation is different. We begin with a thorough understanding of your family, assets, and objectives before recommending a path forward.
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