Legal HubProperty Inheritance Rules
Property Inheritance Rules
Complete 2025 Guide
NRI inheritance laws and succession planning
Last Updated: 2025-01
Succession Laws
Hindu Succession Act, Indian Succession Act, or Muslim Personal Law applies based on religion. NRIs inherit under same laws as resident Indians.
What NRIs Can Inherit
NRIs can inherit any type of property including agricultural land (which they cannot purchase).
Probate Requirements
Will execution, probate (if required by state), succession certificate, legal heir certificate, and mutation in land records.
Selling Inherited Property
Capital gains calculated from original owner's purchase date. Inheritance itself is not taxable but sale proceeds are.
Important Warnings
- Obtain legal heir certificate/succession certificate
- Probate required in some states
- Clear all pending dues before transfer
- Capital gains base is original owner's cost