Inheritance & Succession in India for NRIs in Australia

Legally reviewed by Advocate Naresh Kalra -- see full credentials -- reviewer credit only, no consultation link, per platform editorial policy (see /editorial-guidelines/).

An NRI in Australia who inherits property or assets in India generally needs either a Succession Certificate (for movable assets like bank deposits and securities, under the Indian Succession Act, 1925) or a Legal Heir Certificate, and separately must get any Will probated if the deceased held immovable property within the original civil jurisdiction of the Bombay, Calcutta, or Madras High Courts. A grant of probate from an Australian state Supreme Court is not automatically recognized by Indian banks or the land registry -- Indian succession documents generally still need to be obtained separately.

Intestate succession -- who inherits if there is no Will

If a person dies without a Will (intestate), inheritance in India follows personal law: the Hindu Succession Act, 1956 for Hindus, Sikhs, Jains and Buddhists; the Indian Succession Act, 1925 for Christians and Parsis; and the Muslim Personal Law (Shariat) Application Act, 1937 for Muslims. Being an NRI does not change an heir's entitlement under these laws -- an NRI child or sibling inherits on exactly the same footing as one living in India.

Succession Certificate vs. Legal Heir Certificate

These are often confused but serve different purposes. A Succession Certificate, granted by a civil court under Part X of the Indian Succession Act, 1925, specifically authorizes the holder to collect debts and securities (bank accounts, shares, mutual funds, insurance payouts) of the deceased -- banks and financial institutions typically insist on one before releasing funds. A Legal Heir Certificate, issued by a revenue/local authority, is a simpler document establishing who the legal heirs are and is commonly used for pension, employment benefit, and some property-mutation purposes, but is not a substitute for a Succession Certificate when a bank or company specifically requires one.

Does an Australian grant of probate work directly in India?

Not automatically. Estate administration in Australia is handled at the state and territory level (each state issues its own grant of probate or letters of administration through its Supreme Court -- for example, the Supreme Court of New South Wales or the Supreme Court of Victoria), and that grant governs assets within Australia. It does not by itself authorize dealing with the deceased's Indian assets. For Indian immovable property, and for most Indian bank/financial assets, the heirs generally still need to obtain the relevant Indian succession document -- a fresh probate of the Will (where required under Section 213 of the Indian Succession Act, 1925) or a Succession Certificate -- through the appropriate Indian court, even where an Australian grant already exists for the Australian estate.

When probate is required for a Will in India

Under Section 213 of the Indian Succession Act, 1925, a Will does not by itself authorize dealing with property unless it has been probated, in two situations: (1) the Will was made by a Hindu, Buddhist, Sikh or Jain and the property is within the original civil jurisdiction of the Bombay, Calcutta, or Madras High Courts, or (2) the testator was a Christian or Parsi. Outside those situations, a registered Will can often be acted on directly, though banks and registrars frequently ask for probate anyway as a practical matter -- worth confirming with the specific institution before assuming it isn't needed.

How an NRI in Australia can handle this without travelling to India

A Power of Attorney executed in Australia (notarized and apostilled, since both Australia and India are Hague Apostille Convention members) can authorize a trusted person in India to file the succession certificate/probate petition, appear in proceedings where personal appearance isn't mandated, and complete bank/property formalities on the NRI's behalf.

If I already have an Australian grant of probate, do I still need anything from an Indian court?

Generally yes, for Indian assets. A Australian grant of probate covers the Australian estate; Indian banks, the land registry, and other Indian institutions typically require an Indian succession document (probate of the Will in India, or a Succession Certificate) before releasing or transferring Indian assets, even where an Australian grant already exists.

Can one heir apply for a Succession Certificate on behalf of all heirs?

Yes -- any one legal heir can petition for a Succession Certificate, but the court will issue notice to all other legal heirs, and the certificate, once granted, is generally held for the benefit of all heirs collectively, not just the petitioner personally.

Is a Will made in Australia valid for Indian assets?

A Will made in Australia can generally dispose of the testator's Indian assets if validly executed, but many advisors recommend NRIs execute a separate India-specific Will covering only Indian assets, drafted to be consistent with (not contradicting) any Australian Will, to avoid probate complications across two jurisdictions.

How long does the succession certificate process typically take?

Timelines vary significantly by court and whether the petition is contested -- an uncontested petition can take several months from filing to grant; a contested one can take considerably longer. Confirm current timelines with the advocate handling the specific petition.