What are the rights of an NRI spouse and children in inheriting property in India, and how can they ensure their entitlements?

Answered by

A Agarwalla & Co.

Published At July 17, 2024

Answer

In India, the rights of an NRI spouse and children to inherit property are governed by the personal laws applicable to the deceased’s religion, such as Hindu, Muslim, Christian, or Parsi laws. Generally, NRIs enjoy the same inheritance rights as resident Indians. The Hindu Succession Act, 1956, for Hindus, the Indian Succession Act, 1925, for Christians and Parsis, and the Muslim Personal Law (Shariat) Application Act, 1937, for Muslims, outline these rights.

To ensure their entitlements, NRI heirs should undertake several crucial steps. First, they must obtain a legal heir certificate from the local revenue authorities in India, which serves as proof of their inheritance rights. Next, they should apply for the succession certificate from the competent court, enabling them to manage and transfer movable property like bank accounts and investments. Additionally, for immovable property, they must have the title transferred in their name through the local municipal or revenue office, which involves updating land records and paying any applicable fees.

Effective NRI property management is crucial to safeguard inherited assets. Engaging a local property lawyer in India can assist with legal processes, ensuring compliance with the necessary formalities. Regularly monitoring the property and staying informed about local property laws is also vital.

In case of disputes or challenges, NRIs can seek legal redressal through Indian courts. It’s advisable to maintain transparent and updated documentation to substantiate their claims. By adhering to these steps, NRIs can effectively manage and protect their inherited assets and ensure a smooth NRI property purchase process in the future. Additionally, understanding the nuances of NRI property purchase will further empower them to handle their inherited property proficiently.