A Non-Resident Indian (NRI) is an Indian citizen or person of Indian origin who doesn’t reside in India permanently, as defined by the Income Tax Act, 1961, and the Foreign Exchange Management Act, 1999 (FEMA). With over 20 lakh Indians emigrating yearly, NRIs often hold assets across multiple countries—making a will not just important, but essential.
If an NRI dies without a will (intestate), their family might struggle to identify and claim Indian assets like property or bank accounts. A will acts as a clear record, ensuring your estate goes to your chosen beneficiaries smoothly.
Will-Making Essentials For NRIs in Arunachal Pradesh
Contrary to common belief, making a will for Indian assets is simple for NRIs. Per Section 59 of the Indian Succession Act, 1925, you must be of sound mind, at least 18 (or 21 if under a guardian), and act without coercion or undue influence.
The will must be written, signed by the testator (you), and attested by two reliable witnesses (Section 63). It should name an executor—someone to carry out your wishes—and clearly list assets (e.g., “my flat in Adyar”) and beneficiaries (e.g., “to my daughter, Priya”)
Estate planning might seem daunting, especially for NRIs unfamiliar with India’s succession laws, but skipping it leaves heirs facing the slow grind of intestate succession. Without a will, families abroad may need to travel to India for a succession certificate or letter of administration from a court under Section 370 of the Indian Succession Act, 1925.
This requires documents like death certificates, birth records, asset details, and IDs. If uncontested, it takes six months or more; if challenged, it could drag on for years, delaying access to assets.
NRIs, did you know that dying without a will can lead to lengthy legal battles? Secure your Indian assets with a legally valid will today!
Nuances Of Succession Laws
Succession laws vary globally, depending on:
- Where the NRI resided at death (domicile).
- Location of assets (movable vs. immovable).
- Local inheritance rules (e.g., forced heirship).
Under private international law principles, immovable property (e.g., land in ArunachalPradesh) follows the succession laws of India—typically the Indian Succession Act, 1925, or personal laws like the Hindu Succession Act, 1956, based on religion.
Movable assets (e.g., bank accounts) are governed by the laws of the NRI’s domicile country at death. For example, an NRI in the UAE without a DIFC Will (introduced in 2017 for non-Muslims) sees their estate split under Sharia law, potentially clashing with Indian rules.
Should an NRI prepare a separate Indian Will in Arunachal Pradesh?
Legally, an NRI can draft one multi-jurisdictional will covering all assets worldwide. However, a separate will for Indian assets—especially in Arunachal Pradesh—is practical. Why?
- Clarity: Tailors the will to Indian laws, reducing conflicts.
- Speed: Indian heirs can act immediately without waiting for foreign probate or validation.
- Simplicity: Avoids the need to authenticate a foreign will in India, which can be costly and slow under Section 276 probate rules.
Key Court Rulings on NRI Wills
Indian courts have shaped NRI succession:
- Nachiappa Chettiar v. Muthukaruppan Chettiar (1946): Confirmed that immovable property in India follows Indian succession laws, regardless of domicile.
- Shirin H. Mistry v. Union of India (2019): Upheld an NRI’s separate Indian will for faster execution, avoiding foreign law delays.
- Delhi High Court (March 2025): A recent ruling favored a registered NRI will over an unregistered one in a dispute, per X posts—registration adds strength.
Will-Making Tips For NRIs in Arunachal Pradesh
- Nominee vs. Heir: Appointing a nominee (e.g., for bank accounts) isn’t enough—they’re trustees, not owners. A will defines legal heirs, avoiding disputes (Sarla Verma v. Delhi Transport Corporation, 2009).
- Hire Experts: Use professionals familiar with the Indian Succession Act, 1925, and FEMA to draft a valid will.
- Update Regularly: Review every 1–2 years for new assets or executor changes.
- Be Clear: Avoid vague terms—say “₹5 lakh in HDFC account to my son” instead of “money to kids.”
- Choose Wisely: Pick a younger, reliable executor in Arunachal Pradesh for easy follow-up. Use different executors for multiple wills.
- FEMA Rules: Account for foreign exchange regulations if beneficiaries are NRIs—repatriation limits apply.
- Safe Storage: Keep the original will secure (e.g., bank locker) and inform the executor of its location.
NRIs don’t need to be in India to make a will—just sign it before two witnesses anywhere. Registration isn’t mandatory under Section 18(e) of the Registration Act, 1908, but a registered will (e.g., via Sub-Registrar or Indian consulate) is harder to challenge.
Without a valid will, your wealth might not reach your loved ones as intended. Intestate succession is emotionally and financially draining—especially for NRIs whose heirs may abandon claims due to time, cost, or legal confusion.
Don’t let your loved ones struggle with inheritance issues. Draft your NRI will now to ensure a smooth estate transfer.
NRI-Friendly Will Making Lawyers Available in Arunachal Pradesh
Due to increasing migration and ancestral assets in remote regions, NRIs from Arunachal Pradesh need expert legal guidance to create valid Wills. These lawyers help bridge distance and documentation effectively.
Description: Rinchin specializes in resolving inheritance-related disputes and provides online Will making support for NRIs.
Advocate Tashi Ngemu
Services: Will Drafting, Ancestral Land Documentation, Estate Planning
Address: Ganga Market, Itanagar
Contact: +91-8588887480
Qualification: LLB from North Eastern Hill University
Experience: 8 years
Description: Tashi assists NRIs in securing family property rights through properly drafted and court-recognized Wills.
Advocate Rinchen Tadar
Services: Will Making, Legal Heir Advice, Family Property Law
Address: E-Sector, Naharlagun
Contact: +91-8588887480
Qualification: LLB from Rajiv Gandhi University
Experience: 9 years
Description: Rinchen supports NRIs with tribal and non-tribal succession matters, ensuring their Wills reflect state-specific norms.
Advocate Tania Riba
Services: Inheritance Support, Will Registration, Estate Law
Address: Bank Tinali, Itanagar
Contact: +91-8588887480
Qualification: LLB from Assam University
Experience: 10 years
Description: Tania provides easy-to-follow legal processes for NRIs drafting Wills remotely, especially for landholding matters.
Advocate Pema Sona
Services: NRI Will Making, Land Succession, Estate Guidance
Address: C-Sector, Naharlagun
Contact: +91-8588887480
Qualification: LLB from Delhi University
Experience: 11 years
Description: Pema is known for simplifying complex family property division through Wills tailored for NRI clients.
Advocate Rinchin Apang
Services: Property Documentation, Will Legalization, NRI Legal Aid
Address: Papu Nallah, Itanagar
Contact: +91-8588887480
Qualification: LLB from Guwahati University
Experience: 12 years
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Frequently Asked Questions on Online Will Making for NRI in Arunachal Pradesh
Q1. Why is making a will important for NRIs?
Ans1. It directs asset distribution across countries, avoiding legal hurdles for heirs.
Q2. Can an NRI make a will without being physically present in India?
Ans2. Yes, sign it with two witnesses anywhere; consulate registration boosts validity.
Q3. Should NRIs create a separate will for Indian assets?
Ans3. Yes, it speeds up execution and skips foreign validation.
Q4. What happens if an NRI dies without a will?
Ans4. Indian assets follow local succession laws (Indian Succession Act, 1925, or personal laws), not always per their wishes.
Q5. How do succession laws affect an NRI’s estate?
Ans5. Immovable assets follow Indian law; movable assets follow domicile law.
Q6. Can an NRI’s will be challenged in court?
Ans6. Yes, on grounds like coercion or improper execution (Section 61).
Q7. Does appointing a nominee replace the need for a will?
Ans7. No, nominees hold assets; a will names heirs.
Q8. What is the role of an executor in an NRI will?
Ans8. They execute the will—choose someone reliable and local.
Q9. Can an NRI register their will?
Ans9. Yes, optionally, for stronger proof (Section 18(e)).
Q10. How can an NRI ensure a hassle-free estate transfer?
Ans10. Seeking professional legal assistance of online legal services platforms like www.ezylegal.in ensures the will is correctly drafted, legally sound and executed without unnecessary delays.