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If you live abroad and have inherited a flat or land in Navi Mumbai, the first months can feel like a maze of offices you cannot visit. This guide sets out the sequence from the overseas heir’s side: gathering documents, proving heirship, moving the records into your name, managing the property meanwhile, and deciding whether to keep it, rent it or sell it. It links to our detailed Maharashtra guides instead of repeating them.
This is general information and not legal or tax advice. Succession law, RBI rules and tax provisions change, and the Income-tax Act, 2025 applies from tax year 2026 to 2027. Most of the points below come from secondary sources, so have your own advocate and chartered accountant confirm them. This guide is independent and has not been reviewed by a lawyer.
Step 1: gather the documents
- The death certificate of the owner.
- Proof of your relationship to the owner, such as birth certificates and marriage certificates.
- The property papers: the latest 7/12 extract or property card, the registered deed of the deceased, and, for a flat, the society share certificate and membership papers.
- The will, if there is one, and the identity and address proofs of all heirs, including your passport.
- Tax and utility records such as property tax receipts and the electricity and water bills.
See the 7/12 extract guide and the property card guide for the land records, and the society share certificate guide for flats.
Step 2: establish who the heirs are
- If there is a will: probate used to be compulsory for some wills made in the Bombay, Calcutta and Madras jurisdictions. Reports say the Repealing and Amending Act, 2025 omitted section 213 of the Indian Succession Act, so probate is no longer a mandatory precondition for enforcing a will in court. It remains available and may still be asked for by a bank, a society or a buyer, or when a will is disputed. See the reports from Bar & Bench and Treelife, and confirm the current position with a lawyer. Whether the old rule would have covered Navi Mumbai is not settled in the sources used here.
- If there is no will: you need proof of who the legal heirs are, usually through a legal heir certificate. The legal heir certificate guide covers the process. A court order or letters of administration may be needed in some cases, so ask your advocate.
- If several heirs exist: all legal heirs normally have to be named, and a written consent or release from the others helps when one heir takes the property.
Step 3: update the ownership records
- Land or a house on a 7/12 extract: the change is made by mutation, also called ferfar. Inheritance goes through the mutation register, with a notice to interested parties and a verification before approval. See the property mutation guide. Published timelines differ between guides, so no timeline is given here.
- A flat in a cooperative society: reports say the society transfers a deceased member’s shares to the nominee or, with no nominee, to the heir or legal representative, and the transferee must be admitted as a member. A nominee holds the flat for the legal heirs and does not by that alone take ownership. Check the society’s bye-laws and see the society share certificate guide and the CIDCO transfer charges guide if the flat is a CIDCO allotment.
- Records to update: the property tax, the electricity and water accounts and the society records.
Status of a mutation can be tracked on the Maharashtra land records site, according to reports. Keep copies of every application and receipt.
Acting from abroad
- You can appoint someone to act for you through a power of attorney, with limited and clearly stated powers. Overseas execution needs authentication by the route your country uses. Ask your advocate for the current requirements before you sign.
- Keep the original documents with you or with your advocate, and give the representative copies.
- Ask your advocate to keep you updated in writing at each stage of the mutation and the society transfer.
See the property lawyer guide for how to choose and brief an advocate, and the NRI property buying guide for the NRI side of property rules.
Managing the property while the process runs
- Make sure someone you trust has access, and pay the property tax, the society charges and the utility bills so no arrears build up.
- Insure the contents if the flat stays empty, and record its condition with dated photographs.
- Do not let a tenant or caretaker take the place of the ownership records. See the rental property owner guide if you decide to rent.
Keep, rent or sell?
| Decision | What to check first |
|---|---|
| Keep | The running costs, the maintenance and who will look after it. The inheritance is not taxed on receipt under the rules described by the sources used here, but check your own case. |
| Rent | Reports say renting needs no RBI permission and the rent can be sent abroad after tax. Rental income is taxed in India, and the tenant may have to deduct tax. See the rental property owner guide. |
| Sell | Capital gains tax, the buyer’s tax deduction and the rules on sending the money abroad all apply. See the TDS on property sale by an NRI guide. |
Foreign exchange rules
- Reports say inheriting Indian property is permitted for an NRI. A foreign citizen who inherits from an NRI is reported to need RBI approval, and agricultural land and farmhouses are reported to be saleable only to a resident Indian. Confirm both with your bank and advocate.
- Reports describe sending sale proceeds of inherited property abroad from an NRO account, up to USD 1 million a year with tax paid and documents proving the inheritance (see the ICICI Bank guide and Tax2win). The exact RBI wording was not read for this guide, so confirm the limit and the documents with your bank.
Tax on a later sale
- For transfers on or after 23 July 2024, long term gains on property are reported to be taxed at 12.5% without indexation, and sources disagree on whether an NRI can use the older option with indexation for property held before that date. Ask a chartered accountant.
- A gifted or inherited asset generally takes the previous owner’s cost and holding period. Keep the deceased owner’s purchase papers.
- The buyer deducts tax on the sale price unless you obtain a lower or nil deduction certificate. See the TDS on property sale by an NRI guide for the details. Section numbers under the 2025 Act were not confirmed here.
If you plan to pass the property on to a family member during your lifetime instead of selling, see the gift deed guide.
Frequently Asked Questions
Do I need probate to inherit property in Maharashtra?
Reports say probate is no longer a mandatory precondition for enforcing a will, after section 213 of the Indian Succession Act was omitted in 2025. It remains available and may still be asked for by a bank, a society or a buyer, so confirm with a lawyer.
Can an NRI inherit property in India?
Reports say yes. A foreign citizen inheriting from an NRI is reported to need RBI approval, and agricultural land has limits on who can buy it from you.
How do I get the property into my name?
Land and houses go through mutation of the 7/12 record. Flats in a society go through the society’s transfer of shares and membership, starting with the heirship papers.
Can I manage the property from abroad?
Yes, through a representative under a power of attorney with limited powers, an advocate who updates you in writing, and someone who keeps the property and its bills in order.
Can I send the money abroad if I sell?
Reports describe repatriation from an NRO account up to USD 1 million a year with documents and tax paid. Confirm the current limit and the documents with your bank.
Is tax charged on inheriting property?
The sources used here do not describe a tax on receiving an inheritance, but income from the property and a later sale are taxed. Ask a chartered accountant about your own case.
Sources and a note on accuracy
| Claim | Source |
|---|---|
| Probate and section 213 of the Indian Succession Act | Bar & Bench and Treelife (reported) |
| Repatriation of inherited property proceeds (reported) | ICICI Bank and Tax2win |
| Mutation and society transfer (reported) | Land records and legal guides, not checked against the Acts |
Reviewed on 24 October 2026. This guide was built from secondary sources, and the RBI rules, the Maharashtra Co-operative Societies Act text, the Aaple Sarkar steps and property tax details were not checked against primary texts. Confirm each step with your advocate.
The featured image is an AI generated illustration made for this guide, and not a photograph.
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