Family Office Guide

Cross-Border Succession & India Asset Structuring

NRIs and global families with Indian assets need a succession plan that works across borders. We structure wills, nominations and holdings so Indian assets pass smoothly and can be repatriated by heirs.

Plan Your India Succession Family Office →

In short: For NRIs and foreign families holding Indian assets (property, shares, deposits, businesses), succession planning means aligning an India-valid will (or a global will with an India codicil), understanding nomination versus succession law, and the FEMA rules that let non-resident heirs hold and repatriate inherited assets. Clean documentation avoids probate delays and blocked repatriation. We coordinate the tax and FEMA side alongside your legal counsel.

Why cross-border succession is different for NRIs

Multiple jurisdictions, FEMA and Indian personal/succession law interact — a will valid abroad may face friction in India, and repatriation of inherited proceeds sits behind FEMA. Planning has to be joined up across borders, not siloed.

India assets in scope

Residential and commercial property
Company shares (listed and unlisted)
NRE / NRO bank deposits
Mutual funds and portfolio holdings
Business interests (proprietorships, LLPs, private companies)

Wills & documentation

An India-valid will (or a global will with an India-specific codicil) covering Indian assets, executed and registered properly, with a named executor, prevents disputes and delays. This is drafted with qualified legal counsel; we lead the tax, FEMA and structuring.

Nomination vs succession — a key trap

A nominee typically holds Indian assets as a trustee for the legal heirs, not as owner — the will or the applicable succession law decides ownership. Nomination and will must be aligned, or families end up in dispute at the worst time.

FEMA on inheritance & repatriation

A non-resident heir may inherit and hold Indian assets. Repatriation of inherited proceeds is generally through the NRO route within the USD 1 million per financial year facility (or on a repatriable basis where the asset was originally acquired that way), with Form 15CA/15CB and AD-bank routing. See NRI investment & FEMA compliance.

Probate & succession certificate

Probate is often needed for wills executed in certain jurisdictions; a succession certificate is used where there is no will, chiefly for movable assets. The right path depends on the assets and the state.

Structuring options

Holding companies and trusts can simplify succession and reduce friction — we assess suitability for your family and asset mix. See family office & succession planning and the tax overlay in NRI taxation.

Note: will drafting is done with qualified legal counsel; we lead the tax, FEMA and structuring.

Frequently asked questions

Can an NRI inherit property in India?

Yes. An NRI or foreign national of Indian origin can inherit residential or commercial property and most other assets in India, subject to FEMA. Agricultural land has restrictions on acquisition, though inheritance is generally permitted.

Is a nominee the legal owner of an Indian asset?

Usually not. A nominee generally holds the asset as a trustee for the legal heirs; ownership is decided by the will or the applicable succession law. Aligning nomination with your will avoids disputes.

Can heirs repatriate inherited assets from India?

Yes, generally through the NRO route within the USD 1 million per financial year facility, after tax and with Form 15CA/15CB — or on a fully repatriable basis where the asset was originally acquired that way.

Do NRIs need a separate Indian will?

An India-valid will (or a global will with an India-specific codicil) covering Indian assets is strongly advisable — it speeds up transfer, reduces probate friction and avoids conflicts between jurisdictions.

Reviewed by CA Regi Tom Antony, Regi Tom Antony & Associates. Last updated: July 2026.

Plan your India succession, cleanly.

We coordinate tax, FEMA and structuring with your legal counsel so Indian assets pass without friction.

Get in Touch