News Excerpt:
Legal experts say that couples involving NRIs who marry abroad don’t need to register their marriage in India, provided it is duly registered in the country where they wed.
More about the news: For NRIs married to foreign nationals, understanding the implications of their overseas nuptials on succession rights in India can be as complex as it is crucial.
Key Points:
Inheritance rights for NRIs and foreign spouses
- Inheritance rights in India extend to both resident Indians and Non-Resident Indians (NRIs), as well as to situations where one spouse is a foreign citizen married to an NRI.
- A Supreme Court ruling from 2018 established that even foreigner spouses have the right to inherit assets from their late NRI spouses in India.
- Legal experts affirm that children born to Indian parents, regardless of whether they were born in India or abroad, have automatic entitlement to inherit properties in India through succession.
- Furthermore, children born from live-in relationships or those adopted by Indian parents abroad are entitled to succession in India as well.
Legal framework governing inheritance laws in India:
- Indian Succession Act, 1925: It is applicable on all Indian citizens except Hindus, Jains, Buddhists, and Sikhs. It explicitly provides the rule for testamentary as well as intestate succession.
- Hindu Succession Act, 1956: This Act was specially formulated for Hindus, Sikhs, Jains, and Buddhists to govern their inheritance rights in absence of a will
Legal steps for succession:
- Non-Resident Indians (NRIs) who hold Indian citizenship are required to register their marriage under the Special Marriage Act, in which succession rights are governed by the Indian Succession Act of 1925.
- If both parties in the marriage are Hindus, regardless of their nationality, the Hindu Succession Act of 1956 is applicable.
- NRIs who are citizens of another country must obtain an Overseas Citizen of India (OCI) card to expedite the processing of their rights under personal succession laws based on their religion.
Ways of transferring the title:
- Will (Testamentary Succession): NRIs inheriting property through a will should make sure the will is legally valid. In cities such as Mumbai, Kolkata, and Chennai, it is necessary to obtain probate, which is a legal document confirming the authenticity of the will.
- Intestate Succession: When there is no will, property is inherited according to the laws of intestate succession. NRIs might need to get a succession certificate or a letter of administration from Indian courts to prove their right to inherit in the absence of a will.
Conclusion:
The complexities surrounding inheritance rights for NRIs and their foreign spouses holds the importance of understanding and navigating the legal framework governing succession in India. However, the intricacies of registration requirements, the applicability of different Acts based on religious affiliation, and the need for proper documentation highlight the need for clarity and proactive legal measures for NRIs succession.
