Overview
When a parent or relative passes away in India, NRI heirs face a paper maze from abroad: legal heir certificates, succession certificates for bank accounts and shares, probate of wills, mutation of property records — and, too often, co-heirs in India dealing with the property as if the absent heir did not exist. Daughters and sons inherit equally, an NRI's share does not lapse by absence, and every step of claiming it can be done through POA. Where co-heirs refuse to share, a partition suit divides the property by law.
Key Provisions — Indian Succession Act + Hindu Succession Act, 1925 / 1956
- Hindu Succession Act — sons and daughters (including married daughters, including NRIs) are equal Class-I heirs since the 2005 amendment.
- Succession certificate (Indian Succession Act) unlocks bank accounts, shares and debts of the deceased; probate validates a will.
- Mutation of revenue/municipal records transfers property into heirs' names — an administrative step we complete through POA.
- A partition suit divides ancestral/joint property when co-heirs will not settle; an NRI's absence never extinguishes the share.
What You Can Get
How We Handle It
Heirship Mapping
Family tree, death certificate, and asset list — we establish exactly what you inherit.
Certificates & Probate
Succession certificate or probate obtained from the appropriate court through POA.
Mutation & Transfer
Property, bank and share records transferred into the heirs' names.
Partition if Contested
Where co-heirs resist, notice then partition suit — pursued while you stay abroad.
Frequently Asked Questions
My brothers in India say I lost my share by settling abroad — true?
No. Residence and citizenship do not affect inheritance rights in India; NRIs and even foreign citizens of Indian origin inherit equally.
There is a will — do we still need court proceedings?
In the presidency towns (Mumbai, Chennai, Kolkata) probate is generally required; elsewhere it depends on the assets. Banks and registrars often insist on probate or a succession certificate regardless.
Legal Connect connects you with independent advocates across India; we are not a law firm and this page is general information, not legal advice. We work with NRI clients worldwide — call +91 22 6555 3444 or WhatsApp us in your timezone.