Whether you are a Non-Resident Indian (NRI), an Overseas Citizen of India (OCI) or a Person of Indian Origin (PIO), without proper guidance from an experienced property lawyer in India, transferring Indian property may prove to be a confusing and time-consuming process. In this post we will discuss the top frequently asked questions (FAQs) on Indian property inheritance.

1. Can an NRI inherit property in India?

One of the frequently asked FAQs for NRIs inheriting property in India is about the kinds of properties they can inherit. Yes, an NRI can inherit the property from anyone including his relatives. The NRI can inherit property in India even from another NRI subject to certain conditions. An NRI or any person of Indian origin, can inherit property in India, whether it is residential,  commercial, or agricultural land.

2. What is the Indian Succession Act 1925?

The Indian Succession Act came into operation on 30 September 1925, and it seeks to consolidate all Indian laws relating to succession. It applies to the succession of property, whether there is a Will or not. NRIs inheriting properties in West Bengal and Kolkata can consult an experienced property lawyer.

3. What is Intestate Succession under Indian law?

In the case of a person who dies without making a Will, the property passes by inheritance as per the personal law of the deceased. This process is known as Intestate Succession.

4. Who can make a Will?

Section 59 of the Indian Succession Act provides that every person of sound mind, not being a minor may dispose of his property by a Will. 

5. What can be Willed?

Self-acquired properties can be disposed of under a Will. Properties acquired by inheritance or gift, etc. and held exclusively can also be subject matter of Will. For NRIs inheriting properties in India, a Will is one of the most common ways but without obtaining a probate of the Will, the Will in itself is ineffective.

6. What is a Codicil?

A Will can be changed by the testator during his or her lifetime either by making a new Will after revoking an old Will or by amending the old Will with a separate instrument made to make such an instrument a part of it.

7. What is a Probate?

A probate is the grant of administration of a deceased person’s estate by the court of competent jurisdiction based on a Will. If there are disputes regarding the same, then letters of administration can be another processing for NRIs inhering properties in India.

8. What is the Succession Certificate under Indian law?

In the absence of a Will, a Succession Certificate is a document which is issued by the court for claiming movable properties by the successors of the deceased, such as bank of savings accounts.

9. What is the difference between a Succession Certificate and a Legal Heir Certificate?

A Succession Certificate is required when a family member passes away and the next direct legal heir of the deceased is his wife, husband, son, daughter or mother. This certificate can be used to pay certain taxes and accounts and is generally related to movable properties. In contrast to a Succession Certificate, a Legal Heir Certificate may also be required if a person has passed away, leaving behind immovable properties.  

10. What are the other methods of transferring property when the person is alive? 

A transfer can take place when the person is alive through a gift deed. In other cases, a person can claim his right through a partition. 

If you are looking to transfer property in India we recommend that you see professional legal advice for professional legal help. For more details, contact Advocate Chenoy Ceil here.