Do U.S. Citizen/ NRIs Need an India-Compliant Will for Indian Properties?

This paper examines the necessity for U.S. citizens and Non-Resident Indians (NRIs) to create an India-compliant will for immovable property situated in India. While foreign wills, such as those executed in New York, may govern global movable assets, Indian immovable property is subject to the lex situs principle, meaning Indian law exclusively regulates its succession. Through statutory analysis of the Indian Succession Act, 1925, the Registration Act, 1908, and the Foreign Exchange Management Act, 1999, alongside key Supreme Court precedents, the paper highlights the limitations of relying solely on a U.S. estate plan. It underscores the evidentiary requirements of Indian courts, the role of probate, and the risks posed by contested wills executed abroad. The study concludes that the most effective estate planning strategy for NRIs is the preparation of a separate, India-compliant will—preferably registered or deposited in India, naming a local executor, and aligned with FEMA rules for inheritance and repatriation. This approach minimizes litigation risks, ensures compliance with dual legal systems, and preserves the testator’s intent for Indian assets.