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 under these laws -- an NRI child or sibling
inherits on exactly the same footing as one living in India. This is distinct from the UAE's own domestic
succession rules, which by default apply Sharia principles to assets located within the UAE unless the
deceased had registered a will with a mechanism such as the DIFC Wills Service Centre for non-Muslims --
that UAE-side process governs UAE-situated assets, not the deceased's Indian property.
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.
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.
How an NRI in the UAE handles this -- the attestation route, not apostille
A Power of Attorney or supporting affidavit executed in the UAE to authorize someone in India to pursue
succession proceedings cannot be apostilled, because the UAE has not joined the 1961 Hague Apostille
Convention. Instead it must go through UAE notarization, attestation by the UAE Ministry of Foreign Affairs
(MOFA), and attestation by the Indian Embassy or Consulate in the UAE, before it is accepted by an Indian
court, bank, or registrar. This is a genuinely different, longer process than the single-step apostille
available to NRIs in the USA, UK, Canada, or Australia, and should be planned for accordingly.
Can I use an apostille on documents executed in the UAE for an Indian succession case?
No -- the UAE is not a member of the Hague Apostille Convention, so documents executed there cannot be
apostilled. They instead need UAE MOFA attestation followed by Indian Embassy/Consulate attestation before
Indian authorities will accept them.
Does a UAE court's ruling on an estate cover the deceased's property in India?
No -- a UAE court's jurisdiction generally covers assets situated in the UAE. Indian assets require the
relevant Indian succession document (probate of the Will in India, or a Succession Certificate) obtained
through an Indian court, regardless of what has been decided in the UAE for the UAE-situated estate.
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.
How long does the MOFA-plus-Embassy attestation process typically take?
Timelines vary and depend on the specific Emirate and the Indian Mission's current processing volumes --
it is generally a multi-step process taking longer than a single-step apostille, so it is worth starting
well before any court filing deadline.
