4 days ago

Which Laws Govern NRI Inheritance Across India and Abroad

NRI inheritance: You live abroad, your assets are in India — which country's laws decide who inherits? · livemint.com

When someone living abroad dies, different countries may handle different parts of their estate.

Money, shares, and similar movable assets are generally handled under the law of the person’s home country, or domicile, at death.

Land and buildings are usually handled under the law of the country where they are located.

So, Indian property may be governed by Indian succession law even if the owner lived overseas.

A marriage performed abroad can generally be recognized in India if it meets basic legal requirements.

A foreign spouse or child is not automatically barred from inheriting Indian property.

However, a foreign heir without OCI status may need approval from the Reserve Bank of India to inherit Indian real estate.

Careful estate planning, including clearly documented wills, can help reduce delays and family disputes.

Key facts

Movable assets: Bank accounts, mutual funds, and shares are generally governed by the personal law of the deceased’s country of domicile at death.
Immovable assets: Land and real estate are governed by the law of the jurisdiction where the property is located.
Foreign marriages: A marriage solemnized abroad is generally recognized in India for inheritance purposes if it meets fundamental legal criteria.
Marriage registration: Specific registration in India is not mandatory to establish a surviving spouse’s inheritance rights, according to the article.
Foreign heirs: Foreign nationality does not by itself disqualify an heir from inheriting Indian assets.
Real-estate approval: Foreign heirs without an OCI card require prior Reserve Bank of India approval to inherit Indian real estate.
Remittance limit: NRIs and OCIs can remit up to $1 million per financial year from inherited Indian assets; higher amounts require prior RBI clearance.

livemint.com · 4 days ago