An NRI in Germany 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. Germany's own forced-heirship rules (Pflichtteil) govern the deceased's German-situated estate, but do not by themselves authorize dealing with the deceased's Indian assets -- 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 of their Indian assets follows
Indian 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 -- an NRI child or sibling inherits on
exactly the same footing as one living in India. This is distinct from German succession law, which
includes a strong forced-heirship concept (Pflichtteil) guaranteeing close relatives a minimum share of a
German estate regardless of the will's terms -- that German-side rule applies to the German estate, not to
the deceased's Indian property.
Succession Certificate vs. Legal Heir Certificate
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 of the deceased -- banks
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, commonly used for
pension and property-mutation purposes, but is not a substitute for a Succession Certificate when a bank
specifically requires one.
Does a German Erbschein (certificate of inheritance) work directly in India?
Not automatically. An Erbschein issued by a German probate court (Nachlassgericht) is evidence of
heirship for German purposes; 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.
How an NRI in Germany can handle this without travelling to India
A Power of Attorney executed in Germany (notarized and apostilled, since both Germany and India are Hague
Apostille Convention members) can authorize a trusted person in India to file the succession
certificate/probate petition and complete bank/property formalities on the NRI's behalf.
If I already have a German Erbschein, do I still need anything from an Indian court?
Generally yes, for Indian assets -- an Erbschein establishes heirship for German purposes, while Indian
banks and the land registry typically require an Indian succession document before releasing Indian
assets.
Does Germany's Pflichtteil (forced heirship) rule apply to Indian assets too?
No -- Pflichtteil is a feature of German succession law applying to the German estate. Indian assets are
governed by the applicable Indian personal law (Hindu Succession Act, Indian Succession Act, or Muslim
Personal Law depending on the deceased's religion), which has its own, different rules on entitlement.
Can one heir apply for a Succession Certificate on behalf of all heirs?
Yes -- any one legal heir can petition, but the court issues notice to all other legal heirs, and the
certificate is held for the benefit of all heirs collectively once granted.
Is a Will made in Germany valid for Indian assets?
A Will made in Germany can generally dispose of the testator's Indian assets if validly executed, but many
advisors recommend a separate India-specific Will covering only Indian assets to avoid probate
complications across two jurisdictions.
