Understanding Legal Heirship for NRIs: Testamentary vs. Intestate Succession in Claiming Unclaimed Wealth in India

For NRIs seeking to claim their parents' unclaimed wealth in India, legal heirship is determined by whether a valid will exists or not. Here's a detailed breakdown:

1. Testamentary Succession (With a Will)

If your parents left a valid will, their wealth will be distributed as per the terms of the will.

• As an NRI or OCI holder, you are eligible to inherit the assets mentioned in the will, regardless of your residency status.
• In this case, you may need to provide a legal heir certificate in India for NRI or other supporting documents to claim your inheritance.

2. Intestate Succession (Without a Will)

If no will exists, the wealth is distributed as per Indian intestate succession laws, which vary by religion:

• Hindus, Sikhs, Jains, and Buddhists: Governed by the Hindu Succession Act, 1956.
  • Class I heirs: Spouse, children, and mother.
  • Class II heirs: Father, siblings, and other relatives.
• Muslims: Inheritance follows Muslim personal laws, which allocate specified shares to family members like the spouse, children, and parents.
• Christians and Parsis: Governed by the Indian Succession Act, 1925. Close relatives like the spouse and children are given priority in inheritance.

Claiming the Wealth as an NRI

To claim unclaimed wealth, NRIs or OCI holders need to follow these steps:

1. Documentation: Obtain the necessary documents such as a legal heir certificate India online, succession certificate, or legal heirship certificate through court.
2. Verification: Submit the required documents for verification, which typically include:
   • Proof of identity (passport or Aadhaar).
   • Proof of relationship with the deceased (birth certificate, marriage certificate, etc.).
   • Affidavit and any other documents required for the procedure for transfer of property to legal heirs in India.
3. Application Process: NRIs can apply for a legal heir certificate for NRI either in person, online, or through the Indian Embassy. Check if the facility for legal heir certificate apply online is available in your region.
4. Transfer of Property: Once the legal heir certificate or succession certificate is issued, you can initiate the transfer of property or claim other unclaimed assets.

Conclusion

Whether you're an NRI or an OCI holder, claiming unclaimed wealth in India requires following the correct legal procedures. By obtaining a legal heir certificate, succession certificate, or other required documents, you can ensure a smooth process. With the right steps, you can secure your rightful inheritance and complete the transfer of property to legal heirs in India.

Also Read: Who is the Legal Heir for the Purpose of Obtaining a Legal Heir Certificate?