An NRI in New Zealand 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 New Zealand grant of probate 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 -- an NRI child or sibling inherits on exactly the same footing as one living
in India.
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 New Zealand grant of probate work directly in India?
Not automatically. A New Zealand High Court grant of probate or letters of administration governs assets
within New Zealand; 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 New Zealand can handle this without travelling to India
A Power of Attorney executed in New Zealand (notarized and apostilled, since both New Zealand 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 New Zealand grant of probate, do I still need anything from an Indian court?
Generally yes, for Indian assets -- a New Zealand grant covers the New Zealand estate, while Indian banks
and the land registry typically require an Indian succession document before releasing Indian assets.
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 New Zealand valid for Indian assets?
A Will made in New Zealand 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.
How long does the succession certificate process typically take?
Timelines vary by court and whether the petition is contested -- confirm current timelines with the
advocate handling the specific petition.
