Without wills, death sparks a costly legal ordeal for NRIs

Wills help legal heirs bypass months of bureaucratic and logistical hurdles to claim family assets

- [e-mail]

When a nonresident Indian in Uganda lost his father, grief was only the beginning of his ordeal.

His father left behind an apartment in Ahmedabad, fixed deposits and demat account—but no will. What should have been a straightforward inheritance turned into a nine-month legal and logistical battle.

The housing society managing the apartment refused to transfer ownership without a legal heir certificate. “They asked for an official proof of entitlement to hand over the keys and update their internal records... without a will or legal heir certificate, they said they could face legal liability,” he said.

The same demand came from the bank for FDs and demat holdings.

“For nine months! was coordinating, with lawyers, filing affidavits, and even had to travel to India multiple times to just get a legal heir certificate,” he said.

For NRIs, especially those unable to travel at short notice—such as HI-B visa holders in US—his experience underscores the importance of having a will.

Paperwork overload

Without a will, banks, depositories, and mutual fund houses demand mul tiple documents— succession certificates, affidavits, no-objection certificates (NOCs), and indemnity bonds—to establish rightful heirs. The exact requirements across different institutes vary, depending on the asset value and the guidelines of the respective regulators. “Succession or legal heir certificate is needed for most assets to prove entitlement,” explained Vishnu Chundi, founder, AasaanWill, online will writing platform.

“Besides, affidavits may be asked from each family member to establish who the legal heirs are, and NOCs are required when a property has multiple potential heirs, so the coheirs consent to the intended distribution,” he added.