Property in Two Countries — Which Succession Law Applies When a Hindu Dies?

The Shock of a Split Estate

Your father lived in London for thirty years. He had a flat in South Delhi that he bought in 1989, a savings account in an Indian bank, a UK pension fund, and a small apartment in Leicester. He died last year without leaving a will. Now you and your siblings — some in India, some in the UK — are trying to figure out who gets what. And nobody agrees on which country's law applies.

This is not an unusual situation. Thousands of Hindu families spread across the UK, USA, Canada, Australia, and the Gulf are asking the same question every year. When a person owns property in two countries, the answer is never one simple rule. It depends on what type of property it is, and where the deceased was truly settled at the time of death.

This article breaks down exactly how Indian law — and private international law — decides which succession rules govern each piece of an estate that stretches across borders.

The Golden Rule: Two Types of Property, Two Rules

Indian law, and indeed most legal systems in the world, divides all property into two buckets:

• Immovable property — land, houses, flats, agricultural fields
• Movable property — bank accounts, shares, jewellery, vehicles, pension funds, fixed deposits

Each bucket has its own rule about which country's succession law applies. The Indian Succession Act 1925 — the main law that deals with these cross-border questions — lays this down in plain terms:

Succession to immovable property in India of a deceased person is regulated by the law of India, wherever that person may have been domiciled at the time of death. Succession to movable property is regulated by the law of the country in which the person was domiciled at the time of death.

So the starting point is this: for land and buildings, it is the location that decides the law. For money, shares, and movables, it is the deceased's home country (domicile) that decides the law. Everything else flows from here.

Critically, the source material confirms that although the Indian Succession Act 1925 formally excludes Hindus, Muslims, Buddhists, Sikhs and Jains from certain of its parts, the same principle operates for them also [§300.004]. The Hindu Succession Act 1956 does not override this international framework — it governs who inherits, but not which country's law applies.

What Is Lex Situs and Why Does It Rule Your Land?

Lex situs is a Latin legal phrase that simply means "the law of the place where the property is situated." It is the first rule you must memorise if your family has land in two countries.

Under the rule of lex situs [§300.810]:

• Your father's flat in South Delhi? Indian succession law — specifically the Hindu Succession Act 1956 — governs who inherits it.
• His apartment in Leicester? English succession law governs who inherits it.
• Agricultural land in Punjab? Indian law.
• A house in Toronto? Canadian law (or the relevant provincial law).

The rule is absolute for immovable property: even if the deceased had clearly given up Indian domicile and settled permanently in the UK, his Indian flat is still governed by Indian law. His domicile is completely irrelevant to the question of who inherits his Indian immovable property.

The source commentary states this clearly: "The lex situs governs inheritance to immovable property whatever be the domicile of the person at the time of his death" [§300.810]. The word "whatever" is important — there are no exceptions based on nationality, religion, or where the person was living.

When the deceased has left immovable property in more than one country, the source makes it clear that "different sets of law as administered in the respective countries where the properties are situated will apply" [§300.810]. In other words, you cannot pick one country's law and apply it to all the land. Each piece of land follows the law of its own country.

Movable Property Follows the Deceased's Domicile

Bank accounts, fixed deposits, shares, mutual funds, provident fund balances, pension funds, jewellery — all of these are movable property. The rule here is the opposite of the lex situs rule: the law of the country where the deceased was domiciled at the time of death governs who gets the movables, wherever in the world those movables are physically located.

The source commentary on movable property is explicit [§300.807, §300.808]: "According to the common law, the testator's domicile at his death determines the law governing the formal validity of a will of movables. The position is the same in India." And for intestate succession, the Indian Succession Act 1925 declares that "a person may have only one domicile for the purpose of the succession to his movable property" [§300.808].

So if your father was domiciled in the UK at his death, his Indian bank account is — in principle — governed by UK succession law, not Indian law. But this comes with a significant practical caveat: Indian banks will typically want a succession certificate or letters of administration from an Indian court before releasing funds. In practice, the heirs often have to go through an Indian legal process even for movables, but the law applied will be that of the domicile country.

The source provides a helpful illustration [§300.004]: "A, having his domicile in India, dies in France, leaving movable property in France, movable property in England, and property both movable and immovable in India. The succession to the whole of the property is regulated by the law of India." This means if the NRI had retained Indian domicile — if India was truly his settled home — Indian law covers all his movables worldwide.

What Counts as Domicile for an NRI Hindu?

This is where most NRI succession disputes begin. Every family member has a different opinion about where the deceased "really" lived. The law has a precise answer.

Domicile is defined in the source as "the place where a person has his true, fixed, and permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning" [§300.804, citing Sankaran Govindan v Lakshmi Bharath AIR 1974 SC 1764].

Three types of domicile exist [§300.005]:

1. Domicile of origin — where your father was born (typically India for an NRI)
2. Domicile of choice — a new country where he settled permanently with the intention to remain
3. Domicile by operation of law — applies automatically in cases of minors and, historically, married women

The key question for an NRI Hindu's movable property is: did he acquire a domicile of choice in the foreign country, or did he remain Indian-domiciled despite years of living abroad?

The source is clear that acquiring domicile of choice requires two things: physical residence in the new country and the intention to remain permanently [§300.007]. Working in the UK for twenty years on a work visa, keeping an Indian passport, maintaining property in India, and regularly saying "I'll come back when I retire" — all of this points to retained Indian domicile. Citizenship of the foreign country, permanent residence status, and selling all Indian residential property are stronger indicators of a domicile shift.

Crucially, there is "always a presumption of law against a new domicile unless a person actually settles with the requisite intention in the new country" [§300.007, citing Central Bank of India Ltd v Ram Narain AIR 1955 SC 36]. The burden of proving a change of domicile falls on the person who claims it [§300.007, citing Sethalakshmi Ammai v Ponnusamy Nadav (1967) 2 Mad LJ 334].

Domicile is also distinct from nationality. Your father may hold British citizenship and still be Indian-domiciled — or he may be an Indian citizen and be UK-domiciled. Nationality determines his political status; domicile determines which country's succession law governs his movables [§300.804, citing Rosetta Evelyn Attaullah v Justin Attaullah AIR 1953 Cal 530].

Does the Hindu Succession Act 1956 Apply to NRIs?

This is the question most NRI families ask. The short answer: yes, for Indian immovable property; it depends on domicile for movables.

The Hindu Succession Act 1956 governs intestate succession among Hindus in India. It sets out the heirs (Class I, Class II, etc.), their shares, and the rights of daughters after the 2005 amendment.

For your father's flat in Delhi or his land in Rajasthan, the Hindu Succession Act 1956 applies — regardless of whether he lived in London for forty years, regardless of whether he became a British citizen, and regardless of what his will might say if the will was not valid under Indian law. The source confirms that the Hindu Succession Act 1956 "has not been given extra-territorial jurisdiction" and that "lex loci governs the matters relating to immovable property" [Book 1, Chapter 12]. So lex situs means Indian immovable property always attracts Indian Hindu succession law for a Hindu propositus.

For Indian bank accounts and shares, if the deceased retained Indian domicile, the Hindu Succession Act 1956 applies. If he had acquired domicile of choice in the UK, then — technically — UK succession law applies to determine the heirs of those movables, though practical administration in India will still require Indian court processes.

Where the NRI Hindu had also made a will, things become more layered. A will relating to immovable property must conform to the law of the country where the property is situated — formal validity (how it was executed, attested) and essential validity (whether the bequest is permitted) are both tested by lex situs [§300.809]. A will made in the UK, properly witnessed under English law, may still not be effective for transferring Indian immovable property if it does not comply with Indian law requirements.

Property Abroad: Can Indian Heirs Claim It?

Say your father died with Indian domicile but owned a flat in Dubai, a savings account in the UK, and investments in Singapore. Can Indian heirs — his widow, sons, daughters — claim these assets?

The answer depends on the law of each foreign country for the immovable assets there, and on his Indian domicile for the movables. But there is an important practical reality: each country requires its own legal process.

• For the Dubai flat, UAE law and the local property regime apply (lex situs). Indian heirs will need to engage a UAE lawyer and possibly obtain a UAE probate or succession certificate.
• For the UK savings account, if the deceased was Indian-domiciled, Indian succession law applies. But the UK bank will want a UK grant of probate or letters of administration. The Indian heirs may need to apply for a UK grant on the basis of the Indian succession.
• For Singapore investments, Singapore law governs movables of a Singapore-domiciled person; Indian law governs if Indian-domiciled. Again, a local legal process in Singapore is typically required.

The source confirms that when a person dies intestate leaving property in more than one country, "different sets of law as administered in the respective countries where the properties are situated will apply" for immovables [§300.810]. There is no single court or legal system that handles the whole estate. Each country takes jurisdiction over what is in its borders.

One useful principle to know: where proof of the deceased's domicile elsewhere is absent, Indian courts will apply Indian law to regulate succession to movable property in India [§300.808]. So if the family cannot prove the NRI had acquired foreign domicile, Indian courts will default to Indian law for Indian movables.

What About Wills? Does Domicile Still Matter?

Yes, very much. If the deceased left a will — whether written in India or abroad — the law that governs it depends on the type of property being disposed of.

For movable property, the law of the deceased's domicile at death determines the formal validity of the will [§300.807, citing R Viswanathan v Rukn-ul-Mulk Syed Abdul Wajid AIR 1963 SC 1]. The nationality, the place where the will was made, and even the domicile at the time of making the will are not decisive — what matters is domicile at death.

For immovable property, lex situs governs — the country where the property sits determines whether the testator had capacity to bequeath it, whether the will was formally executed correctly, and whether the bequest is valid [§300.809].

A practical problem many NRI families face: the deceased made one will in the UK, covering everything. That will may be valid for UK assets. But for the Delhi flat, an Indian court will ask whether the will satisfies Indian requirements for execution and attestation. If it does not, the Indian flat may devolve as if there were no will — under the Hindu Succession Act 1956.

Revocation of wills across countries is equally complex. A will that is validly revoked in the country where it was made can revoke an earlier will made under another country's law [§300.808]. If the deceased remarried, the revocation of his earlier will by that marriage is governed by the law of his domicile at the time of marriage — not at death [§300.808].

The takeaway: if your family member owns property in two countries, one will is almost never enough. Two wills — one for Indian assets and one for foreign assets — drafted by lawyers in each country is the better approach. Each will can expressly state that it does not revoke the other.

What Should I Actually Do Now?

1. Make a complete inventory of all assets. List every piece of property — immovable and movable — country by country. Include bank accounts, shares, provident fund, pension, jewellery, and real estate. Do this before any legal process begins.
2. Determine the domicile of the deceased. Gather evidence — where was his tax residency, his permanent address, his voter registration, his stated intention? This controls which country's law governs the movables. If domicile is genuinely unclear, you may need a court ruling on this question before succession can be resolved.
3. For Indian immovable property, engage an Indian lawyer immediately. Whether or not there is a will, the Hindu Succession Act 1956 determines who inherits Indian land and flats. Class I heirs are entitled by law; daughters have equal rights post-2005 amendment. A lawyer can obtain a succession certificate or file for letters of administration in the appropriate Indian court. You can learn about the inheritance process at Pinaka Legal's family law resources.
4. For foreign immovable property, engage a local lawyer in that country. Indian lawyers cannot advise on UAE, UK, or Canadian property law. You need a lawyer admitted in the country where the property is situated.
5. Obtain the required documents in India. For Indian assets, you will typically need a death certificate, proof of relationship (birth certificates, marriage certificate), and in many cases a succession certificate from a civil court or letters of administration from the High Court.
6. Understand the foreign process for Indian movables held abroad. If the deceased had a UK bank account but was Indian-domiciled, the UK bank will want a UK grant of representation. Your Indian lawyer can help coordinate with a UK solicitor.
7. Check whether a valid will exists and in which country. If there is a will, have it assessed by lawyers in each relevant country. A UK probate lawyer and an Indian succession lawyer should both review it.
8. File for probate or administration in the appropriate courts promptly. In India, delays can cause practical problems — property mutation, bank account access, share transfers all require legal succession documents.
9. Consider tax implications in both countries. India does not impose inheritance tax, but the UK, USA, and several other countries do. A tax adviser in the foreign country should be consulted before assets are distributed.
10. If there is a dispute among heirs, seek mediation first. Cross-border succession disputes are expensive and slow. Many families resolve share disputes through family settlement agreements — a structured document that all heirs sign, acknowledging who gets what, which Indian courts will respect.

If you are unsure where to start, the team at Pinaka Legal handles NRI succession matters involving Indian assets and can coordinate with foreign counsel for foreign assets. Reach us at +91 8595704798 or info@pinakalegal.com for a confidential first consultation.

You Are Not Alone in This

Losing a parent or a spouse is hard enough. Having to untangle a legal maze that spans two countries — and finding that different lawyers in different countries are giving you different answers — can feel impossible. But the rules, once understood, are actually quite clear:

• Land and buildings: law of the country where they sit.
• Bank accounts, shares, pensions: law of the country where the deceased was truly settled.
• The Hindu Succession Act 1956 governs who inherits Indian land, no matter where the deceased lived.
• A single will is often not enough for a cross-border estate.

Getting these questions right at the outset — rather than discovering errors three years into a legal dispute — saves families enormous amounts of time, money, and grief. Seek legal advice in both countries early, and do not assume that Indian lawyers can advise on foreign assets or that foreign lawyers understand Indian succession law. Both sides are needed.

Written by the Pinaka Legal Editorial Team. For queries, call +91 8595704798 or email info@pinakalegal.com.

Frequently Asked Questions

Which succession law applies to my father's house in India if he lived abroad for 30 years?

Indian succession law applies — specifically the Hindu Succession Act 1956 if your father was Hindu. For immovable property (land, houses, flats) located in India, the rule is lex situs: the law of the place where the property is situated governs who inherits. It makes no difference where your father lived, where he paid taxes, or whether he held foreign citizenship. His Indian house is inherited under Indian law, full stop.

Does the Hindu Succession Act 1956 apply to NRI Hindus?

Yes, for Indian immovable property. The Hindu Succession Act 1956 governs intestate succession among Hindus for property situated in India, regardless of where the deceased was living. For movable property (bank accounts, shares), the law of the deceased's domicile country applies — which may or may not be Indian law depending on whether he had settled abroad permanently. The Act does not have extra-territorial jurisdiction for property outside India.

What is domicile and how is it different from the place of residence of an NRI?

Domicile is your true, fixed, and permanent home — the country to which you intend to return whenever you are absent. Residence is simply where you physically live. An NRI can live in the UK for decades but remain Indian-domiciled if he always intended to return to India eventually. Courts look at all the evidence — tax residency, property owned, stated intentions, citizenship — to determine domicile. The burden of proving a change of domicile falls on the person who claims it.

My father had a UK bank account but was Indian-domiciled. Which law governs that account?

If he was Indian-domiciled at the time of death, Indian succession law — in this case the Hindu Succession Act 1956 — governs who is entitled to the movable property, including that UK bank account. However, the UK bank will require a UK grant of probate or letters of administration before it releases the funds. Your heirs may need to apply for a UK grant based on the Indian succession. A UK solicitor should be engaged for this step alongside your Indian lawyer.

Can my father's UK will be used to transfer his Delhi flat?

It depends on whether that UK will meets Indian requirements. For immovable property in India, the lex situs rule means Indian law tests whether the will was validly executed. Indian law requires a will to be signed by the testator and attested by two witnesses. If the UK will satisfies these Indian requirements, it can be used to transfer the Delhi flat. If it does not, the flat may devolve as intestate property under the Hindu Succession Act 1956. An Indian succession lawyer should verify this before any probate is applied for.

Who inherits the Indian property of an NRI Hindu who dies without a will?

The Class I heirs under the Hindu Succession Act 1956 inherit simultaneously: widow, sons, daughters, and the mother (if alive). Daughters and sons have equal shares after the 2005 amendment. If none of these are alive, Class II heirs inherit in a fixed order. The NRI's absence from India, his foreign citizenship, or his long residence abroad does not change who his legal heirs are under Indian law for Indian property.

Does it matter how long the NRI lived abroad when deciding succession to Indian property?

No, for immovable property in India. Duration of stay abroad does not affect succession to Indian land or houses — lex situs applies regardless. For movable property, the length of stay abroad is relevant evidence in determining whether the NRI acquired a domicile of choice in the foreign country, which would shift which country's law governs the movables. Long residence in a foreign country is a strong — but not conclusive — indicator of domicile shift.

What happens to an NRI's Indian property if two countries both claim to govern the succession?

There is no conflict for immovable property — the country where the property is located always wins. Indian land is governed by Indian law; UK property by UK law. For movable property, both countries could theoretically claim jurisdiction based on different domicile determinations. In practice, the Indian court will apply Indian law if the deceased is found to be Indian-domiciled, and the foreign court applies its own law if it finds foreign domicile. The family may need to pursue separate legal proceedings in each country.

Can I handle NRI succession entirely through Indian courts?

For Indian assets — yes. Indian courts have jurisdiction over Indian property, and you can obtain succession certificates and letters of administration in India for Indian assets. For foreign assets, Indian courts do not have jurisdiction. You will need to engage lawyers and pursue legal processes in each foreign country separately. Indian probate orders are not automatically recognized abroad, and foreign orders are not automatically recognized in India.

Is there any NRI succession law that covers both countries at once?

No. There is no bilateral treaty between India and most countries (including the UK, USA, Canada, or Gulf states) that creates a unified NRI succession regime. Each country applies its own succession law to its own assets. The closest coordination is through private international law rules — lex situs for immovables and law of domicile for movables — which are recognised by most legal systems. But administration is always country-by-country.

Does succession law in India apply to two countries differently for a Hindu versus a Muslim NRI?

Yes, the personal law differs, but the framework is the same. For a Muslim NRI, immovable property in India is governed by Muslim personal law (lex situs), not by the law of the country where he was domiciled. For movable property, a Muslim who has acquired domicile of choice in another country may — in some cases — be presumed to have accepted that country's succession law. Courts look at whether the Muslim had renounced his original law in preference to the law of his new domicile.

How do I start the legal process for NRI succession in India?

Start with a succession certificate for movable assets (bank accounts, shares) and a letters of administration or probate for estate administration. Both are obtained from the civil court in the jurisdiction where the property is located or where the deceased last ordinarily resided in India. You will need a death certificate, identity and relationship documents, and a lawyer to file the petition. The process typically takes six months to two years depending on court workload and whether the succession is contested.

For more articles on Indian law, visit the Pinaka Legal Blog.