Mauritius's own forced heirship rules -- and their strict geographic limit
Under the Code Civil Mauricien, children are protected heirs entitled to a reserved share of a deceased
parent's estate -- commonly described as one-half of the estate where one child survives, two-thirds where two
children survive, and three-quarters where three or more children survive, divided equally among them. This
forced heirship regime, however, applies specifically to immovable property physically situated in Mauritius;
movable assets are generally governed by the law of the deceased's last domicile. Critically for this
platform's audience, forced heirship under the Code Civil Mauricien does not extend to immovable property
located in India -- Indian assets remain governed by ordinary Indian succession law regardless of where the
deceased was domiciled.
Which Indian succession law applies to India-situated assets
For a Mauritius-based person of Indian origin (or an Indian citizen resident in Mauritius) who dies owning
property in India, the applicable Indian succession law depends on personal law exactly as it would for
anyone else -- the Hindu Succession Act, 1956 for Hindus, Sikhs, Jains and Buddhists; Muslim personal law for
Muslims; and the Indian Succession Act, 1925 for Christians, Parsis, and those who die leaving a valid will
(for testamentary succession generally). Mauritius's own forced heirship shares are simply not relevant to
how the India-situated estate is distributed.
Obtaining a Succession Certificate or Probate from Mauritius
Heirs based in Mauritius seeking to access a deceased relative's Indian bank accounts, securities, or
movable assets typically need a Succession Certificate from the relevant Indian court (or Letters of
Administration/Probate where a will exists), and can pursue this through a Power of Attorney authorizing a
representative in India to file and pursue the application -- avoiding the need for the Mauritius-based heir
to travel to India for most stages of the process.
Common mistakes NRIs in Mauritius make with succession matters:
- Assuming Mauritius's forced heirship rules apply to the deceased's Indian property -- they do
not.
- Not realizing that different Indian succession laws can apply to different assets depending on
personal law and the presence or absence of a valid will.
- Delaying the Succession Certificate/Probate application, which can hold up access to Indian bank
accounts and securities for an extended period.
