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INHERITANCE & SUCCESSION LAW

Indian Inheritance & Succession Lawyers for UK Clients

India-based advocates for UK-based heirs: succession certificates, probate, legal heir certificates, mutation, wills and inherited property in India.

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What can an India-based succession advocate do for someone in the UK?

An advocate in India can help UK-based heirs claim and transfer a relative's Indian assets: applying for succession certificates, probate or letters of administration, legal heir certificates and mutation of land records, and resolving disputes over family or ancestral property. Some steps can be handled under a power of attorney while you stay in the UK.

Advocates on Indian Attorneys UK practise Indian law in India. The platform introduces you to an advocate and handles milestone payments; it is not a law firm and does not give legal advice.

Which law applies

Succession to immovable property in India is governed by Indian law, wherever the person who died was domiciled (Indian Succession Act, 1925, section 5). For Hindus, Sikhs, Jains and Buddhists, the Hindu Succession Act, 1956 sets the order of heirs where there is no will; other communities have their own rules.

Since 2005, a daughter in a Hindu joint family governed by Mitakshara law is a coparcener by birth, with the same rights in coparcenary property as a son (Hindu Succession Act, section 6). Any Hindu may leave property by will, as far as it is theirs to dispose of (section 30).

Certificates, probate and UK wills

To collect debts and securities such as bank balances or shares, heirs can apply to the District Judge for a succession certificate under Part X of the Indian Succession Act. The court gives notice of the application and decides the right to the certificate in a summary manner (section 373). Where there is a will, the court can grant probate or letters of administration.

Section 213 of the Act, which had made probate compulsory for certain wills by Hindus, Sikhs, Jains, Buddhists and Parsis linked to Bengal and to Madras and Bombay, was removed by the Repealing and Amending Act, 2025 with effect from 20 December 2025.

If a will has already been proved in a UK court, section 228 allows letters of administration in India with an authenticated copy of that will annexed. A new will must be signed by the testator and attested by at least two witnesses (section 63); registering it is optional (Registration Act, 1908, section 18).

Land records, heirs abroad and money

An advocate can apply, attend hearings and get the record of rights updated.

NRIs and OCI cardholders can inherit any immovable property in India, including agricultural land, under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, but can sell agricultural land only to a person resident in India. Sale proceeds and other inherited assets can be sent abroad within USD 1 million per financial year, subject to tax and documentation.

COMMON MATTERS

What Inheritance & Succession Law advocates help with

Succession certificates for bank accounts, shares and other debts
Probate and letters of administration in Indian courts
Legal heir and surviving member certificates
Mutation of land and property records after a death
Wills under Indian law, including registration
Partition and disputes over ancestral (coparcenary) property
Using a UK will or UK grant for assets in India
Selling inherited property and sending proceeds to the UK

VERIFIED ADVOCATES

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COMMON QUESTIONS

Frequently Asked Questions

Yes. Under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, NRIs and OCI cardholders can inherit any immovable property in India, including agricultural land, but can sell agricultural land only to a person resident in India. Proceeds can usually be sent abroad within USD 1 million per financial year, after Indian taxes.

It is a certificate from the District Judge under Part X of the Indian Succession Act, 1925 that lets an heir collect a deceased person's debts and securities, such as bank balances or shares. Under section 214, a court will not order a debtor to pay an heir without a succession certificate, probate or letters of administration.

Not in the way it used to be. Section 213 of the Indian Succession Act, which made probate compulsory for certain wills linked to Bengal and to Madras and Bombay, was removed with effect from 20 December 2025.

It can, but Indian law governs succession to immovable property in India wherever you live (Indian Succession Act, 1925, section 5). If your UK will is proved in a UK court, section 228 allows letters of administration in India with a copy annexed. An advocate in India can advise whether a separate Indian will would help.

Yes, for Hindu joint families governed by Mitakshara law. Under section 6 of the Hindu Succession Act, 1956, as amended in 2005, a daughter of a coparcener is a coparcener by birth with the same rights and liabilities as a son. Dispositions and partitions made before 20 December 2004 are not affected.

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