Must an NRI make a Will or leave his property to natural succession.
Should the NRI make a joint, composite or common Will of his assets and properties in India and abroad. If so, should such a Will be registered and where. Need a person be appointed to execute the Will in different jurisdictions. Would it be better if there are different wills for separate properties in India and abroad? Should such different wills be registered individually in separate jurisdictions? How should inheritance rights of beneficiaries of NRIs be safeguarded in India and abroad. Which law Indian or Foreign would apply to assets and properties of NRIs in different countries.
Two distinct Indian legislations exist. The Hindu Succession Act, 1956 (HSA) contains the codified law relating to intestate succession among Hindus. The Indian Succession Act, 1925 (ISA) consolidates the law applicable both to intestate and testamentary succession applicable to persons other than Hindus. To begin with, for an NRI, it is advisable to execute a written Will, get it witnessed and registered to avoid any intricate problems of succession and inheritance. With the abundance of problems of NRI properties in India, natural succession in the absence of a will may pose problems from third party claimants. An NRI ought to Will his property by choice to his natural heirs or others and thus eliminate speculation or bogus claims from claimants and pave a smooth succession. Thus, what ought to follow naturally must be better confirmed by a Will also.