Non-Resident Indians (NRIs) residing in Dubai have multiple legal avenues to draft and register wills for their properties and assets in India. The process is governed by the UAE Personal Status Law for Non-Muslims, the Dubai Wills Law, and the DIFC Wills and Probate Registry Rules (DIFC WPR Rules). These laws allow non-Muslim residents to apply the legal framework of their home country for matters such as inheritance, wills, and property distribution. According to Article 1(1) of Federal Decree Law No. 41 of 2022, non-Muslims can opt to follow their home country’s laws for these purposes. Article 11(1) of the UAE Personal Status Law further permits individuals to draft wills that allocate their assets as they see fit, provided they comply with the Implementing Regulations of the Decree Law. Additionally, the Dubai Wills Law (Law No. 15 of 2017) establishes a ‘Register of Wills of non-Muslims’ at both Dubai Courts and the Dubai International Financial Centre (DIFC) Courts. This register facilitates the formal registration of wills, ensuring legal validity. The DIFC WPR Rules also allow wills to include both movable and immovable assets located anywhere in the world, as per Article 11. NRIs can register their wills at Dubai Courts, the DIFC, or the Indian Consulate in Dubai. For registration at the Indian Consulate, individuals must provide two original drafts of the will, their passport and UAE visa copies, a photograph, and the presence of two Indian witnesses residing in the UAE. Witnesses must also provide their passport and UAE visa copies, along with proof of residence. Legal counsel is recommended to ensure compliance with Indian inheritance laws and to assist with the registration process. Ashish Mehta, founder of Ashish Mehta & Associates, emphasizes the importance of professional legal guidance in this process.
Dubai: How NRIs can draft will for property, assets in India; documents explained
