Investment banker warns that lack of a registered will is costing NRIs their rightful inheritance as they struggle to obtain succession certificates
Thousands of Non-Resident Indians (NRIs) are losing crores of rupees in inheritance each year — not because of fraud or disputes, but due to one missing document: the succession certificate. Investment banker Sarthak Ahuja says this legal hurdle, combined with the absence of a registered will, leaves many overseas heirs entangled in long, costly legal battles to claim their family assets in India, reported businesstoday.in.
Ahuja highlighted in a viral LinkedIn post that when NRIs attempt to claim or register inherited property, they are immediately asked to present a succession certificate — one of the hardest documents to obtain without a registered will.
“The moment they go to claim the property and get it registered, they’re asked for a succession certificate,” Ahuja wrote. “And getting this is one of the hardest things on the planet if there’s no registered will.”
The process, he explained, is slow and bureaucratic. Heirs must file a petition in the district court where the deceased resided or held assets, triggering a 45-day public notice period for objections. Until then, bank accounts remain frozen, Demat holdings are locked, and investments lie inaccessible.
For NRIs, the ordeal is even more challenging. Documents from abroad must be apostilled, powers of attorney executed, and multiple affidavits and indemnities filed in Indian courts — often while the heirs themselves are thousands of miles away.
The cost is another major deterrent. Ahuja estimated total expenses between ₹10 lakh and ₹20 lakh, with Delhi courts charging up to 4% of the estate value as fees. Lawyers typically charge another 2–5%, even though such fees are technically discouraged. The entire process can stretch anywhere from six to eighteen months.
To avoid such legal nightmares, Ahuja advised all NRIs and their families to take two crucial steps:
- Update nomination details across all bank, insurance, mutual fund, and Demat accounts.
- Have parents prepare a registered will that clearly names all heirs and assets.
Without these measures, he warned, inheritance in India could turn into a “painful and expensive legal maze” that drains both time and money.
