NRI Inheritance Money Stuck in India? Legal Heir and Repatriation Action Plan

Who this guide is for

This guide is for Non-Resident Indians (NRIs), Persons of Indian Origin and Overseas Citizens of India who need to claim inherited money held in India after a relative has died. It is most useful if you are dealing with one or more of these situations:

• The deceased died abroad, so the death certificate was issued by a foreign authority and you do not know how to make an Indian bank accept it.
• There is a savings account, fixed deposit, NRE/NRO account, or PPF/provident fund balance in India that you cannot access.
• You are listed as a nominee but the bank is still asking for heirship documents.
• There is no nomination, and the bank has mentioned a "legal heir certificate", "succession certificate" or "probate" without explaining which one you need.
• You want to repatriate the money to your country of residence and are worried about RBI and tax rules.

This guide covers bank balances, deposits and similar movable money. It does not cover the separate process of transferring inherited immovable property into your name. If land, a flat or a house is involved, also read our companion guide on NRI property mutation when your foreign address and KYC are stuck. Because the stakes here can be high and the rules vary, treat this as an information guide, not personal legal, tax or financial advice.

What you can do this weekend

Friday evening

Make a single list of every Indian account, deposit and fund you know about: bank name, branch, account type and rough balance. Pull together the paperwork already at home, especially the original death certificate, any will, old passbooks and FD receipts.

Check whether the death certificate was issued in India or abroad. If it is foreign, note the country and the language; you will almost certainly need it legalised before an Indian bank will accept it. For Hague Apostille Convention countries this means an apostille; for others it usually means attestation by the Indian mission.

Saturday

Email each bank's branch one clear question in writing: "What is your exact list of documents to settle a deceased account in my situation, and is there a registered nominee?" A written list protects you from repeated, shifting demands later.

Find out whether the deceased had named a nominee. If you are the nominee, the path is shorter. If there is no nominee, ask the bank specifically whether it will accept a legal heir certificate, or whether it insists on probate or a succession certificate, and at what amount that demand begins.

Start arranging your own KYC as a claimant: passport, OCI/PIO card if any, overseas address proof and PAN. Banks apply KYC strictly to NRI claimants, so getting this ready early prevents a last-minute hold.

Sunday

Map out which legalisation and translation steps you need and who will do them. Apostille and attestation are done in the country where the certificate was issued, so identify that authority now. Arrange a certified English translation if the certificate is in another language.

Draft your covering letter to the bank using the template later in this guide. If the bank has mentioned probate or a succession certificate, line up a short paid consultation with an Indian lawyer before you commit to any court filing. Keep one tracker with every call, email and acknowledgement; it will save you weeks later.

Documents and evidence checklist

Step-by-step action plan

Step 1 — List the assets and locate the death certificate

Write down every Indian account, deposit and fund. For each one note the bank, branch, account type and whether a nominee was registered. Then secure the death certificate. If it was issued in India, get several certified copies from the local registrar. If it was issued abroad, you will move to legalisation in the next step.

Step 2 — Legalise the foreign death certificate

An Indian bank will rarely accept a foreign death certificate on its own. Get it legalised in the country where it was issued. For countries that are party to the Hague Apostille Convention, this means obtaining an apostille from the competent authority there. For other countries, it usually means attestation by the Indian embassy or consulate. If the certificate is not in English, also obtain a certified English translation. Keep multiple legalised sets, because the bank, a court and the tax process may each want one.

Step 3 — Ask the bank, in writing, exactly what it needs

Banks differ widely, so do not guess. Send the branch a written request for its full, situation-specific document list and the timeline it follows for deceased claims. Ask three precise questions: is there a registered nominee; will a legal heir certificate be enough; and above what amount does it require probate or a succession certificate. A written reply stops the branch from adding new demands every visit.

Step 4 — Use the nominee route if it applies

If you are the registered nominee, the release is usually simpler. Submit the legalised death certificate, your KYC, the bank's claim form and the account proof. Remember, though, that a nominee is generally treated as a person who receives the money in trust for the lawful heirs, not necessarily as the final owner. If other heirs exist, you may still need to settle entitlements among yourselves, separately from the bank's release.

Step 5 — Establish heirship where there is no nominee

Without a nomination, the bank needs proof of who the heirs are. A legal heir certificate from the revenue authority is often the starting document; see our guide on how to apply for a legal heir certificate in 2026. For larger amounts or disputes, the bank may insist on a court document instead. Confirm which the bank will accept before you spend money on either.

Step 6 — Decide between probate and a succession certificate

If there is a valid will, the executor may need to obtain probate of that will. If there is no will, or the bank wants a court order to release debts and movable assets, a succession certificate may be the right instrument. The two are not interchangeable. Read our explainer on will, probate versus succession certificate in India and on how to apply for a succession certificate in 2026, then take legal advice on which fits your facts before filing in court.

Step 7 — File the claim and follow the timeline

Submit the bank's claim form with all supporting documents and any indemnity or declaration it requires. Get a dated acknowledgement for every submission. Note the bank's own stated turnaround time for settling deceased claims. If the branch sits on the file beyond that period without a clear reason, you move to the escalation ladder below.

Step 8 — Receive funds into an NRO account, then repatriate

Inherited money is usually credited to an NRO account first. To remit it abroad, your authorised dealer bank will require the prescribed remittance forms and a chartered accountant certificate confirming that the tax position has been handled. Repatriation of inherited funds is generally permitted under RBI rules subject to the annual limit and conditions. The exact forms, limit and documents change from time to time, so confirm the current procedure with your AD bank and a qualified CA before remitting.

Escalation ladder

Copy-paste claim and follow-up letter

Replace the text in square brackets with your own details before sending.

When RTI can help

The Right to Information Act, 2005 applies only to public authorities. In an inheritance claim, parts of your problem may touch a public authority, and there RTI is a genuinely useful lever:

• Death and birth records: The local registrar of births and deaths is a public authority. If a certificate is delayed, missing, or you need certified copies, an RTI application can push the registrar to act and to disclose the status of your request.
• Government provident fund, pension or gratuity: If the deceased was a government employee, the dues sit with a public authority. RTI can obtain the status of a settlement, the rules applied, and the reasons for any delay.
• Public sector bank delays in a regulatory sense: Where a public sector bank or a government scheme holds the money, you can seek records about the procedure followed, though commercial decisions are treated differently from administrative records.

To file, see our step-by-step guide on how to file an RTI online in India. If the public information officer does not reply within the statutory period, use our guide on filing a first appeal under RTI Section 19, and the overview of the first and second appeal process. For complex, layered government disputes, The RTI Playbook sets out broader strategies.

When RTI will not help

RTI has firm limits in this situation, and it is important not to rely on it for the core problem:

• Private bank records: A private bank is not a public authority for its commercial dealings. RTI does not give you access to its internal files, and it cannot be used to compel a private bank to release funds.
• Forcing a release: RTI is a tool to access information, not to order action. No RTI reply can direct a bank to pay you. For that, use the bank's grievance route, the Banking Ombudsman, or a court.
• Deciding heirship: RTI cannot determine who the lawful heirs are or settle a family dispute. Only a legal heir certificate, a will and probate, a succession certificate, or a court can do that. Use the bank, regulator and court routes first; treat RTI as a support tool, not the main remedy.

Common mistakes to avoid

• Submitting a foreign death certificate without legalisation: Most Indian banks will reject an un-apostilled or un-attested foreign certificate. Sort out legalisation first, or you will lose weeks in back-and-forth.
• Assuming a nominee owns the money outright: A nominee usually receives the balance in trust for the lawful heirs. If you ignore other heirs, you can face a dispute later. Settle entitlements clearly.
• Rushing into court for probate when it is not required: Probate and a succession certificate cost time and money. Ask the bank in writing whether a legal heir certificate suffices for your amount before filing anything.
• Not getting the bank's requirements in writing: Verbal lists change at each visit. A single written list keeps the branch honest and gives you proof if you escalate.
• Forgetting the tax and RBI side of repatriation: Releasing the money and remitting it abroad are two different stages. Plan the NRO routing, the CA certificate and the FEMA forms early, not at the last minute.
• Letting the file go cold: Inheritance claims stall when no one follows up. Keep one tracker with dates, names and reference numbers, and follow up in writing on schedule.
• Treating this guide as legal or tax advice: The amounts and consequences here are serious. For anything disputed or large, pay for a qualified lawyer and chartered accountant rather than guessing.

If immovable property is part of the estate, also work through our guide on NRI property mutation with a foreign address, and browse the wider NRI and Cross-Border practical guides for related cross-border problems.