Frequently Asked Questions: Succession, Wills & Estates in India

Yes. Nominations and wills serve different purposes. A nominee is merely a trustee or custodian who receives the asset for administrative convenience. The legal heirs remain entitled to the asset under succession law. Without a will, the distribution of your estate is governed by the applicable personal law (Hindu Succession Act, Indian Succession Act, or Muslim Personal Law), which may not reflect your actual intentions.

Probate is mandatory in Kerala for wills executed by Christians under the Indian Succession Act, 1925. For Hindus, Sikhs, Jains, and Buddhists, probate is not legally mandatory but is increasingly required by banks, registrars, and financial institutions as proof of the will's validity. For Muslims, succession is governed by the Muslim Personal Law, which does not generally require probate.

A succession certificate is a court order issued under Section 370 of the Indian Succession Act, 1925 that authorises a person to collect debts and securities (movable assets such as bank deposits, shares, and bonds) belonging to a deceased person. It is required where there is no valid will or where the will does not cover specific movable assets.

The timeline for probate in Kerala varies significantly based on whether the will is contested, the court's workload, and the completeness of documentation. Uncontested probate proceedings typically take between 6 months and 2 years. Contested proceedings may take considerably longer. Early and complete documentation is the most effective way to reduce delays.

Yes. Inheritance itself does not require physical presence in India. The administrative process of transferring inherited assets — mutation of property, bank account transfer, and estate administration — can be managed through a power of attorney held by a trusted person in India. However, this requires a properly executed, apostilled, and registered POA in favour of that person.

Where an NRI dies intestate (without a will), the distribution of their Indian property is governed by the applicable personal law. Under the Hindu Succession Act, 1956, Class I heirs (spouse, children, and mother) inherit equally. Under the Indian Succession Act, 1925 (for Christians and Parsis), different rules apply. The absence of a will also typically requires a more complex and time-consuming administration process involving succession certificates or letters of administration.

A will made abroad can be admitted to probate in India, but only after satisfying the requirements of the Indian Succession Act, 1925. More importantly, there is a significant risk of inadvertent revocation: if your overseas will contains a standard revocation clause, it may revoke an earlier Indian will. NRIs are generally advised to maintain separate wills for their Indian and overseas assets, each explicitly limited to the assets of the relevant jurisdiction.

A family settlement deed is an agreement among family members for the division of property or assets, typically used to resolve disputes or clarify inheritance. Unlike a will, it operates during the lifetime of the parties. A family settlement deed can be registered and, when properly prepared, provides binding clarity that prevents future disputes. It is particularly useful where multiple heirs need to partition inherited property without going to court.