By B S Makar, Advocate
Founder – B S Makar Advocates and Solicitors
📍 House No. 669, Sector 64, Mohali, Punjab – 160062
📞 *+91-9878131111* | 🌐 www.makarlaws.com
🔖 Specialist in NRI Property Disputes | Estate Planning | Succession & Civil Litigation

For Non-Resident Indians (NRIs), property in India is more than just an asset—it’s an emotional connection, a family legacy, and often a significant financial investment. Yet, many NRIs make a critical mistake: they assume their heirs will automatically inherit their property without legal hurdles. The reality? Without a clear Will, Indian succession laws take over—leading to disputes, delays, and even fraudulent claims by relatives. The choice is simple: Do you want the law to decide who gets your property, or do you want to decide yourself?

Will vs. Intestate Succession: What’s the Difference?

1. What Is a Will & Why Should NRIs Have One?

A Will is a legal document that ensures your assets are distributed exactly as you wish after your death. For NRIs, a registered Will in India is crucial because:
✅ Prevents family disputes – Clearly names beneficiaries, reducing conflicts.
✅ Stronger legal validity – Harder to challenge in court compared to an unregistered Will.
✅ Faster inheritance process – Avoids lengthy legal heirship certificates.
✅ Protects against fraud – Prevents relatives from illegally occupying property.

Can NRIs make a Will from abroad?
Yes! But if the property is in India, the Will must comply with Indian succession laws. Ideally, it should be registered in India for stronger legal standing.

2. What Happens If an NRI Dies Without a Will?

If you pass away intestate (without a Will), Indian law decides who inherits your property based on your religion:

• Hindus, Sikhs, Jains, Buddhists: Hindu Succession Act, 1956
• Muslims: Muslim Personal Law (Shariat)
• Christians, Parsis: Indian Succession Act, 1925

Problems with Intestate Succession for NRIs:
❌ No control over who inherits – The law decides, not you.
❌ Higher risk of disputes – Multiple heirs can claim rights, leading to lawsuits.
❌ Delays in inheritance – Legal heir certificates and court approvals take years.
❌ Risk of fraud – Local relatives may manipulate records or occupy property illegally.

Will vs. Intestate Succession: Key Differences

Common NRI Property Disputes (And How to Avoid Them)

Many NRIs face these issues when they don’t have a Will:
🔴 Relatives illegally occupying property after parents’ death.
🔴 Fake Wills or forged documents used to claim ownership.
🔴 Delays in mutation & transfer due to legal heir disputes.
🔴 Foreign Wills challenged in Indian courts.
🔴 Difficulty obtaining probate/succession certificates from abroad.

Real-Life Example:
*An NRI based in the US owned a prime property in Punjab. After his sudden death, his brother forged a Will and took possession. His children, living abroad, had to fight a 7-year legal battle to reclaim their rightful inheritance.*
Could this have been avoided?
✅ Yes! A registered Will would have prevented fraud and ensured a smooth transfer.

How B S Makar Advocates Helps NRIs Protect Their Property

We specialize in NRI property disputes, Wills, and succession cases, offering:
✔ Drafting & Registration of Wills (India & foreign-compliant)
✔ Probate & Succession Certificates (Fast-track court approvals)
✔ Challenging Fraudulent Wills & Illegal Transfers
✔ Partition & Possession Lawsuits
✔ Online Consultations for NRIs Worldwide

Final Advice for NRIs: Secure Your Property Today

If you’re an NRI with property in India, take these steps now:
1️⃣ Make a Will – Clearly list properties and beneficiaries.
2️⃣ Register the Will – Strengthens its legal validity.
3️⃣ Appoint a Trusted Executor – Ensures smooth execution.
4️⃣ Keep Copies Safe – With your lawyer and family.
5️⃣ Update Periodically – After major life events (marriage, new property, etc.).

Don’t leave your family’s future to chance. A registered Will is the strongest shield against property disputes.

Need Expert Legal Help? Contact Us Today!

B S Makar, Advocate
📍 House No. 669, Sector 64, Mohali, Punjab – 160062
📞 *+91-9878131111* | ✉ advbsmakar@gmail.com
🌐 www.makarlaws.com
We assist NRIs across the US, UK, Canada, Australia, UAE & worldwide.
Protect your property. Secure your legacy. 🚀