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NRI Taxation and Compliance (Part 7): Gifts, Inheritance, Wills and Succession in India

No inheritance tax in India, but NRIs face FEMA limits, proof of heirship and gift rules. Wills, probate, gift deeds and USD 1 million repatriation.

NRI Taxation and CompliancePart 7: Gifts, Inheritance and SuccessionWills, legal heirs, gifts and repatriation of inherited assetsComplianceKart

An NRI in London loses his father in Hyderabad. Flat, bank accounts, shares and an insurance policy are all in the father’s name. The family asks: is there inheritance tax, who is the legal heir, and can the money be sent abroad?

The short answer

India has no inheritance or estate tax, and an inheritance or a gift from a relative is not taxed in the recipient’s hands. The real work is paperwork: proof of heirship, transfer of each asset, tax on later sale and FEMA rules for repatriation. Planning with a will and nominations while the owner is alive saves months and legal cost.
NRI Taxation and Compliance: 9-part series

1. Tax position at a glance

Event Position (confirm for the year and section of the Income-tax Act, 2025)
Inheritance received Not income in the hands of the heir
Gift from a “relative” (spouse, parents, siblings, lineal ascendants and descendants, and certain others) Exempt, with no monetary cap
Gift from a non-relative above Rs 50,000 in a year Taxable as income of the recipient; NRIs are covered too
Gift on marriage Exempt
Later sale of inherited asset Taxed on capital gain; cost and holding period of the previous owner are taken
Estate duty Abolished in 1985

2. FEMA: gifts and inherited assets

Case Position (confirm)
NRI gifts immovable property to a resident relative Allowed; agricultural land, plantation property and farm house can be gifted only to a resident Indian citizen
NRI gifts money to a resident relative Allowed through banking channels; check source of funds and income-tax implications
Resident gifts to an NRI relative Money can be credited to the NRO account; gift of shares or securities may need RBI approval or follow specific conditions
NRI inherits assets in India Allowed; NRI or OCI can hold inherited assets
Remitting inherited money abroad Up to USD 1 million per financial year, with will or legal heir documents, tax paid and Forms 15CA and 15CB
Inherited agricultural land Can be held; sale only to a resident Indian citizen
The USD 1 million limit

The limit is per financial year, per remitter, and covers balances in NRO accounts, sale proceeds of assets and inherited amounts together. Plan remittances across years for large estates.

3. Wills

  • Governing law: the Indian Succession Act, 1925 for wills of most communities, and personal laws where applicable.
  • Registration: optional, but strongly advisable; it makes the will easy to prove.
  • Probate: mandatory for Hindu wills only in the former Presidency towns (Mumbai, Chennai, Kolkata). In Hyderabad it is generally not compulsory, but some institutions ask for it or for a succession certificate (confirm current practice).
  • Foreign will: a will made in the US, UK or Gulf may not cover Indian assets or may not be recognised easily. Make a separate Indian will for Indian assets, and coordinate the two.
  • Witnesses: two witnesses, preferably not beneficiaries.
Estate in India, family abroad?

ComplianceKart plans the will, nominations, gift deeds, tax and FEMA remittance so the family is not caught in paperwork later. See our NRI estate and FEMA service.

WhatsApp usEmail team@compliancekart.comCall 9959536391

4. If there is no will: proof of heirship

Document Use
Legal heir certificate (Revenue authority, Telangana) Bank accounts, utilities, many government records (confirm local process)
Succession certificate (civil court) Debts, bank balances and securities when institutions insist
Family settlement or release deed Division of property among heirs, registered where immovable
Mutation in municipal and revenue records Update after the transfer of title

For shares, the demat nominee takes custody as trustee for heirs and needs the transmission process with the depository participant. Insurance and PF go to the nominee, but the nominee is not always the final beneficiary under succession law (confirm), so a will remains important.

5. Gift deeds for property

  • A gift of immovable property must be by a registered deed (Transfer of Property Act, 1882, Section 123).
  • Stamp duty and registration charges on family gifts are concessional in Telangana; confirm the current rate before registering.
  • The donee takes the donor’s cost and holding period for future capital gains.
  • Gift by an NRI from abroad needs a power of attorney or signing before an Indian consular officer or an apostilled deed (confirm).

6. Mistakes NRIs and families make

  1. No Indian will for Indian assets.
  2. Assuming nominee equals owner.
  3. Crossing the USD 1 million limit without documents.
  4. Unregistered gift deed for property.
  5. Forgetting that gifts from friends or non-relatives are taxable.
  6. Not updating nominations in bank, demat, insurance and locker records.
Hyderabad angle

Many Hyderabad families have parents living locally and children abroad. A registered will, updated nominations and a joint account with a resident relative on an “either or survivor” basis (where allowed) make life simple for everyone.

Why work with ComplianceKart

ComplianceKart is a boutique practice bringing Chartered Accountants, Company Secretaries and advocates under one roof. Think of a multi-speciality hospital: the physician, the radiologist and the pharmacist read from one patient file, so you never carry reports between buildings. Succession mixes law, tax and FEMA. A team of Chartered Accountants, Company Secretaries and advocates under one roof drafts the documents and handles the remittance.

Frequently Asked Questions

Is there inheritance tax in India?

No. Inheritance is not taxed in the heir’s hands. Tax arises on later sale.

Can an NRI inherit property in India?

Yes. Agricultural land can be held, but sold only to a resident Indian citizen.

Is a will needed to inherit?

No, but without a will you need proof of heirship, which takes longer.

Can I send inherited money abroad?

Yes, up to USD 1 million per financial year with documents and tax compliance.

Is probate mandatory in Hyderabad?

Generally not, but check the institution’s requirement.

Sources

  • Indian Succession Act, 1925; Transfer of Property Act, 1882 (section 123); Registration Act, 1908
  • FEMA (Non-debt Instruments) Rules, 2019 and Foreign Exchange Management (Remittance of Assets) Regulations (confirm current text)
  • Income-tax Act, 2025 / 1961 provisions on gifts and capital gains (confirm section numbers)
Talk to ComplianceKart

Ready to act? Start with our NRI estate and FEMA service, check pricing, or contact us.

WhatsApp usEmail team@compliancekart.comCall 9959536391

Educational article, last updated 11 November 2026. General information, not advice on a specific case. Laws and due dates change; confirm on the date you act. Items marked (confirm) came from secondary sources and need checking against the official text.

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