Drafting OF WILL (Real Estate Assets) — for NRIs

NRI specifics

For NRIs, a WILL covering Indian immovable property must comply with Indian Succession Act, 1925 and — for property held under FEMA-permitted modes — Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018 (FEMA 21(R)/2018) read with RBI Master Direction No. 11/2017-18 (updated 2025). We draft it to be admissible to probate by the Indian High Court of the property's jurisdiction.

All consideration flows are routed through your NRO/NRE account where applicable. Repatriation of any net proceeds is handled under the USD 1 million per financial year limit, with Form 15CA / 15CB and Section 195 TDS clearance coordinated with your CA.

---

What This Service Is

Your Last Will and Testament is the main document that explains how your immovable property — land and buildings — and other assets will be given away after you pass away. Section 2(h) of the Indian Succession Act, 1925 — the law that defines wills in India — says a Will is your official statement about your property that takes effect after your death. The Registration Act, Section 18, does not require you to register your Will. However, experienced lawyers in Delhi-NCR strongly recommend registering your Will to prevent future disputes. This helps avoid claims that you were pressured, that the Will was faked, or that you were not mentally capable when you made it.

What the Service Entails

You need a Will for your real estate assets that is carefully planned, not just written. Ambiguous writing can cause expensive problems many years after you die. We start by listing all your real estate, how you co-own it, any existing nominations, and family relationships. This helps us find every possible reason someone might challenge your Will. This includes claims from co-heirs, estranged family members, or issues with jointly owned property where ownership passes automatically to the survivor.

Then, we design your Will. We include specific gifts of property with clear details for each one. We also add a well-written residuary clause — this covers any property not specifically given away in your Will. We name an executor — the person who will carry out your Will — and plan for a substitute if your first choice cannot serve. If someone might question your mental capacity when you make the Will, we add notes that record your instructions in your own words. If you need life interest clauses — where someone can use your property during their lifetime but not own it outright — we make sure they follow the rule against perpetuity. This is a legal rule that prevents property from being tied up indefinitely. We review your draft Will for consistency. After that, we send it to you. We discuss any concerns you have about beneficiaries or assets. Finally, we provide a Will ready for signing, with instructions for witnesses, and a letter noting where to store your Will safely.

Our Specialized Inputs

We write every Will with the rule against perpetuity in mind. This ensures that any life interests or conditional gifts do not violate Section 14 of the Transfer of Property Act — the law that prevents property from being controlled forever. For large estates, we advise you on strategically appointing a professional executor. If your mental capacity might be questioned, we can help coordinate with doctors to get a Fitness Certificate — a document confirming your mental soundness. We also advise on how your Will interacts with existing nominations, joint ownership, or survivorship arrangements for your bank accounts and property.