Advocate Rajat Kadyan & Associates · Gurugram

An NRI with assets in India — property, bank accounts, shares — needs an Indian will alongside whatever will their solicitor abroad has drafted for their foreign assets. Relying on a single foreign will to cover Indian property is one of the most common causes of a stalled probate years later.

What is handled

  • Drafting a will covering Indian assets, coordinated with (not duplicating) a will already made abroad for foreign assets
  • Registration of the will in India, and guidance on whether registration or a sealed deposit with the Registrar suits your situation better
  • Probate and letters of administration before the Indian courts, including matters where the applicant is themselves an NRI and needs to act through a Power of Attorney
  • Succession certificates for movable assets — bank accounts, shares, mutual funds — where a relative has died without a will
  • Contested succession, including cases where an NRI heir has been excluded from a family settlement made without their knowledge
  • Transmission of property and repatriation of inherited sale proceeds under FEMA

Why an Indian will, separately

A will drafted by a solicitor abroad, valid under that country's law, does not always translate cleanly into an Indian probate proceeding — different countries have different formalities around execution, witnesses and revocation. A separate Indian will for Indian assets, drafted to work alongside the foreign one rather than against it, avoids a probate court in either country having to interpret a document written for another jurisdiction.

Acting through a Power of Attorney

Probate and succession matters can run for months, and an NRI heir or executor is rarely able to attend every hearing in Gurugram. A Power of Attorney, properly attested, lets the matter proceed without repeated travel — see Power of Attorney for NRIs.

Why choose this office

  • Wills and succession matters run alongside — not against — what your solicitor abroad has already drafted
  • Direct handling of contested succession where family members in India have moved without informing an NRI heir
  • Clear guidance on FEMA repatriation rules once a sale or inheritance is realised

For a free first consultation, call +91 82954 13475 at any hour, or send the details of your matter. See also NRI legal services and will writing in Gurugram.

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