NRI’s-Roadmap-to-Inherited-Property-in-India

KIN~WILL

Imagine this: You're sipping coffee in New York or walking through a London park when news arrives—your family has left you a piece of property in India. Excitement turns to confusion. How do you claim it? What paperwork is needed? And what are the legal hoops across borders?

Welcome to your step-by-step guide to claiming inherited property in India—tailored especially for NRIs who want clarity without the jargon.
📜 What You Can Legally Inherit
- Movable Assets: Shares, bank deposits, jewelry, vehicles
- Immovable Property: Apartments, commercial buildings, even agricultural land (Yes, NRIs can inherit but not purchase agri land in India)

⚖️ Laws That Govern Your Claim
- Hindu Succession Act, 1956
- Indian Succession Act, 1925
- Muslim Personal Law (Shariat) Act, 1937
- FEMA – Foreign Exchange Management Act (important for repatriating money or transferring property)

🧾 How to Start: Your Legal Checklist
- Death Certificate – From India’s municipal authority
- Legal Heir Certificate – Establishes rightful heirs
- Succession Certificate or Probate – Especially crucial for claiming bank assets or when a will is involved
- Property Mutation & Title Transfer – Update official records

💸 Repatriation & Tax Tips for NRIs
- Capital Gains Tax: 20% if you sell after 2 years, with indexation
- No Inheritance Tax
- Rental Income: Taxed under Indian law, eligible for deductions
- USD 1 million/year repatriation limit via NRO account with Form 15CA & 15CB

🧠 Real Talk: Common Pitfalls to Avoid
- Disputes among siblings or distant relatives
- Missing documents
- Local bureaucratic delays
- Unclear property records

💡 Pro Tip: Use a Power of Attorney and hire a lawyer who specializes in NRI succession cases.

Posted On: 2025-07-12