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An NRI who owns a flat in Navi Mumbai and has no Will leaves the family with a legal process to find out who inherits, often across two countries. A clear Will, consistent nominations and a named executor in India can make that process shorter. This guide is about planning before death: how a Will for Indian property works for someone living abroad, what Maharashtra allows, what a nomination does and does not do, and a checklist to work through with an advocate. For what heirs do afterwards, see the NRI inheritance guide.
This is general information and not legal advice. Succession law differs by religion and by the nature of the property, and the law changed in 2025. Have an Indian advocate draft your Will and check it against the current Acts. This guide is independent and has not been reviewed by a lawyer.
Before meeting your lawyer
| Decision | Information to prepare |
|---|---|
| Scope of the Will | Indian assets only, or a coordinated worldwide arrangement |
| Ownership | Sole ownership, joint ownership and the share you actually own |
| Beneficiaries | Full identities, intended shares and substitute beneficiaries |
| Children | Whether any beneficiary is a minor |
| Executor | Willingness, availability, location and a backup |
| Existing documents | Earlier Wills, nominations, title papers and loan details |
| Cross border issues | Residence, citizenship and any foreign estate planning documents |
| The original document | Where it is kept and who can reach it after your death |
A Will made in one country can accidentally cancel a Will made in another. If you have a Will abroad, tell both lawyers about it, so the Indian Will and the foreign Will are written to work together.
Which law governs Indian property
Legal commentary says Indian immovable property is governed by Indian law wherever the owner lives, while movable assets can follow the law of the owner’s domicile (see this explainer). That is why a Will made abroad should deal with the Indian property in a way Indian authorities will accept. Have an Indian advocate draft or review the Indian part, and your foreign advisor check that a later foreign Will does not cancel it.
Making a valid Will
The points below concern an ordinary Will where the Indian Succession Act applies. Your personal law, your religion and the nature of the property can change the position, so ask your advocate which rules govern you.
What the law requires
- The Will should be in writing and signed by you. Section 63 of the Indian Succession Act also requires attestation by witnesses. Each witness must sign in your presence, after seeing you sign or after receiving your personal acknowledgment of your signature. Both witnesses do not need to be present at the same moment. See India Code for the Act.
- You must have the capacity to make a Will and be doing it voluntarily. Ask your advocate to record how this was checked.
What is good practice
- Use two independent witnesses who are not beneficiaries, and have both sign at the same sitting. That is practical advice and not a statutory requirement.
- List each asset clearly: the flat with its address and society, bank accounts, investments and any other property. Name who gets what.
- Name an executor, and a backup. A person or an advocate who can act in India is a practical preference, since the property and the authorities are there. It is not a rule that applies in every case.
- Date the Will, keep the original safe and tell your executor where it is.
Notarising, registering or authenticating a Will does not replace proper execution. A Will that was not properly signed and attested is still in difficulty, however many stamps it has. For a Will signed overseas, confirm the execution and authentication requirements for the country where it is signed and for the Indian authority or proceeding in which it will be used.
Registration, deposit and what they each do
These are different procedures, and they should not be treated as one.
- Registration of a Will is optional. The Registration Act lists Wills among documents whose registration is optional (see the Indian Kanoon text). A registered Will can still be challenged, and registration does not prove it is valid.
- Presentation after death and registration after death are separate provisions in the Act for dealing with a Will once the maker has died.
- Sealed deposit means depositing a sealed Will with a Registrar for safe custody. It is not simply another name for registration.
In May 2026 news reports said Maharashtra allows Wills to be registered at any sub-registrar office, at a fee reported as Rs 100 (see the Free Press Journal report). Treat that as a reported registration fee, not a guaranteed total cost. It does not cover drafting, translation, overseas authentication or professional charges. Check the current fee and procedure with the Registration Department, and ask whether you must appear in person from abroad.
Probate
The Repealing and Amending Act, 2025 omitted section 213 of the Indian Succession Act. The former restriction under that section on establishing rights as an executor or beneficiary without probate or letters of administration has therefore been removed. This does not abolish probate proceedings or settle disputes about a Will’s validity. Probate remains available, and it can still matter for disputed Wills, large estates or assets abroad. See the Act on India Code.
A bank, a registry or a society may still ask for probate or another document. Your family should ask which documents are required and on what legal basis, and get advice for the case.
Nomination is not a Will
- A flat in a Maharashtra co-operative housing society. Nomination helps the society deal with membership after the owner’s death. It does not, by itself, decide who inherits the deceased owner’s interest. Section 154B-13 of the Maharashtra Co-operative Societies Act provides for admitting a nominee as a provisional member until the person entitled under succession law or testamentary documents is admitted (see India Code). Your society’s bye-laws should also be checked. See the society share certificate guide.
- A bank account. A nomination on an account is a separate arrangement with its own rules. Do not assume that what is true for the society is true for the bank. Ask the bank what a nominee can do. See the guide to opening an NRI bank account.
- Keep your nominations consistent with your Will. The nominee and the beneficiary do not have to be the same person, but you should choose that deliberately and record why.
Joint ownership
Adding a name to a flat does not automatically settle who inherits it, and it may change who owns what at once. Have your lawyer explain the effect of your actual ownership arrangement before you add anyone. See the gift deed guide if you are considering an immediate transfer.
If there is no Will
The law that applies depends on your religion, your personal law and the nature of the property. Muslims, Christians, Parsis and Hindus follow different rules. For Hindus, rights in coparcenary property should be distinguished from succession to separately owned property. The 2005 amendment and the Supreme Court’s decision in Vineeta Sharma v Rakesh Sharma concern daughters’ rights as coparceners, and they should not be read as a general statement about every parental property.
Heirs usually need documents to show their position, but the documents are not interchangeable.
| Document or process | What it is for |
|---|---|
| Will | Records your wishes. Proper execution and validity still matter. |
| Probate | A court process about the Will and the executor’s authority. |
| Letters of administration | A separate route for administering an estate where it applies. |
| Heirship documentation | Its purpose and acceptance depend on the procedure and the body asking for it. |
| Succession certificate | Concerns debts and securities. It is not a general document of title to a flat. |
| Society membership or record updates | These are different from the final resolution of competing claims. |
Ask the society or authority for its document list, and have any disputed entitlement assessed separately by a lawyer. See the NRI inheritance guide for what heirs do next.
Tax in outline
Inheritance tax is not a single question. These are separate points, and your accountant should check each for the tax year concerned.
- When the property is received. Official Income Tax Department material lists receipts by inheritance or under a Will among the exceptions to the taxation of gifts. Check the current text on the Income Tax Department site.
- Income afterwards. Rent from the inherited flat is taxed as the heir’s income.
- When the heir later sells. The sale has its own capital gains rules, including how the previous owner’s cost and holding period are treated. See the step by step guide to selling your flat as an NRI.
- Other countries. The heir’s country of residence may have its own rules on inheritances and on foreign property. An Indian position does not decide those.
Alternatives to a Will
Some owners give a flat to a family member during their lifetime, or hold it jointly. A gift needs a registered deed and has its own stamp duty and tax points. See the gift deed guide. Take advice before you add a name.
A checklist for an NRI
| Step | Why |
|---|---|
| List every Indian asset with documents | Your executor needs to find them. |
| Draft a Will with an Indian advocate | So it fits Indian law and the rules for your religion. |
| Name an executor and a backup | Someone must be able to act. A person in India is a practical preference. |
| Sign before two independent witnesses | To meet the attestation requirement and to make challenges harder. |
| Decide whether to register it | Optional, but it helps keep it safe and shows its origin. |
| Update nominations on accounts and the society | So they do not contradict the Will without a reason. |
| Keep copies abroad and in India | Heirs need quick access. |
| Review after a marriage, birth, sale or move | A Will goes out of date. |
Where to go next
- Already inherited a flat? Read the NRI inheritance guide.
- Need someone to act while you are alive? Read the NRI power of attorney guide.
- Considering an immediate transfer? Read the gift deed guide.
- Planning to sell inherited property? Read the step by step guide to selling your flat as an NRI.
- Updating society records? Read the society share certificate guide.
- Choosing an advocate? Use the property lawyer checklist.
Frequently Asked Questions
Can I make a Will abroad for my flat in Navi Mumbai?
Yes, but the part that deals with Indian property should be drafted or checked by an Indian advocate so it works under Indian law. Confirm the execution and authentication requirements for the country where you sign and for the Indian authority that will use it.
Is registering a Will compulsory?
No. It is optional. Registration, presentation after death and sealed deposit are different procedures. A fee of Rs 100 has been reported for registration in Maharashtra, which is not a total cost. Check with the Registration Department.
Do my heirs need probate?
The Repealing and Amending Act, 2025 omitted section 213 of the Indian Succession Act, so that section’s restriction on establishing rights without probate or letters of administration no longer applies. Probate remains available and disputes are still decided by courts. Ask which documents an institution requires and on what legal basis.
Does a nominee own the flat?
Not by nomination alone. For a Maharashtra co-operative society flat, section 154B-13 provides for provisional membership of the nominee until the person entitled under succession law or testamentary documents is admitted. Bank nominations are a separate matter.
Is a succession certificate a title document for a flat?
No. It concerns debts and securities. The documents for a flat depend on the society and the authority, so ask each for its list.
What if I die without a Will?
The succession law that applies depends on your religion, personal law and the nature of the property. Your heirs then need documents to show their position, and disputed claims need a lawyer.
Is there inheritance tax in India?
Receiving property by inheritance or under a Will is listed among the exceptions to the taxation of gifts, according to Income Tax Department material. Rent from the property and a later sale are taxed separately, and the beneficiary’s country of residence may have its own rules. Confirm with a chartered accountant for the tax year concerned.
Sources
| Point | Source |
|---|---|
| Repealing and Amending Act, 2025, Indian Succession Act, Maharashtra Co-operative Societies Act | India Code |
| Registration of Wills | Indian Kanoon and Free Press Journal for the reported fee |
| Tax on inheritance | Income Tax Department |
| Indian property and foreign Wills | Indian Law Offices |
Reviewed on 27 October 2026. The attestation rules, the Maharashtra registration fee and procedure, and the position for your religion should be checked against the current Acts and the Registration Department. This guide has not been reviewed by a lawyer.
NaviMumbai.com is an independent information site and is not affiliated with any government body.
