The question “is a uae will valid in india” requires separate checks under Indian law. UAE or Dubai International Financial Centre (DIFC) registration does not guarantee automatic enforcement in India.
A DIFC Full Will can include Indian assets under Rule (11) of the DIFC Courts Wills and Probate Registry Rules, amended in 2019. Recognition and asset transfers still depend on Indian law.
Article (17)(3) and (4) of Federal Decree-Law No. (25) of 2025 governs wills’ substance and form under UAE rules. The Law took effect on June 1, 2026. It does not require Indian courts to apply the chosen law.
is a uae will valid in india: recognition and enforcement
A distinction must be made between what a DIFC Full Will may cover and what can actually be enforced in India. Rule (11) allows movable and immovable property anywhere in the world to be included. However, the note to Item (2) of Form (1) in the First Schedule recommends legal advice on whether the will is enforceable in the relevant country.
Section 5 of the Indian Succession Act, 1925 generally applies Indian law to succession to immovable property in India. The deceased’s domicile law governs movable property, subject to the applicable personal law. Article (28)(1)(f) of Cabinet Decision No. (122) of 2023 requires a federally registered civil-personal-status will to be capable of execution.
It does not determine recognition in India.
What Documents and Court Steps May Be Needed in India?
The documents and procedures depend on the assets and the Indian authority concerned. Start by obtaining a certified copy of the UAE will from the relevant registry, along with the death certificate, identification documents and records showing ownership of the Indian assets. The Indian court or registering authority may also require attestation, translation and evidence that the will was properly signed and witnessed.
Where Section 63 of the Indian Succession Act applies, an ordinary will must be signed by the testator and attested by at least two witnesses. If its execution must be proved in court, Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 generally requires evidence from at least one attesting witness who is available and able to testify.
Not every Indian estate requires a probate order. Section 213 of the Indian Succession Act was omitted by the Repealing and Amending Act, 2025 (Act No. 37 of 2025), effective 20 December 2025. The previous statutory bar on asserting certain rights under a will without probate no longer applies in the same way.
Even so, probate, letters of administration or other proof of authority may still be needed in a particular case to administer the estate, resolve a dispute or satisfy an institution. Any application in India, including the use of a UAE probate order, must be assessed under the applicable Indian rules.
Should You Make Separate Wills for UAE and Indian Property?
Making separate wills for UAE and Indian property may be useful, but it is not required for every family. One approach is to have a UAE will dealing with property and accounts in the UAE, and an Indian will dealing with land, deposits and shares in India. Before choosing this route, check the type of assets, the testator’s personal law, and whether an Indian will can meet the relevant execution requirements.
Article (17)(4) of Federal Decree-Law No. (25) of 2025 governs formal validity under UAE conflict-of-law rules. It does not give unrestricted choice of the law governing Indian property. Article (17)(5) also applies UAE law to a foreigner’s will concerning immovable property located in the UAE.
The two wills must be drafted together so that a later will does not unintentionally cancel the earlier one. Rule (18)(1)(a) of the DIFC Wills Registry Rules permits express or implied revocation by a later validly executed will. Rule (18)(2) may require a DIFC Courts order confirming revocation.
Articles (29) and (30) of Cabinet Decision No. (122) of 2023 contain separate rules on conflicting and multiple wills registered under the federal civil personal status system. A clause limiting each will to assets in its own country can help, but it is not a guarantee that the wills will never conflict.
| Planning element | UAE assets will | Indian assets will |
|---|---|---|
| Geographic scope | Property, bank accounts and shares in the UAE | Land, deposits and shares in India |
| Revocation clause | Limit revocation wording to the intended UAE assets | Limit revocation wording to the intended Indian assets |
Questions about UAE wills and Indian assets
Can a DIFC Full Will include assets located in India?
Yes. Rule (11) of the DIFC Courts Wills and Probate Registry Rules permits worldwide movable and immovable property in a Full Will. Order No. (3) of 2019 amended that Rule.
Indian recognition and transfer procedures must still be checked separately.
Does UAE will registration guarantee automatic enforcement in India?
No. The note to Item (2) of Form (1) in the First Schedule of the DIFC Wills Registry Rules calls for legal advice about enforceability in other jurisdictions. Registering the will in the UAE does not by itself transfer property in India.
Can a later Indian will revoke an existing UAE will?
Yes, it may. Rule (18)(1)(a) of the DIFC Wills Registry Rules allows a later validly executed will to revoke an earlier will expressly or by implication. Under Rule (18)(2), confirmation by a DIFC Courts order may be required.
The wording and geographical scope of both wills should therefore be checked before signing a later Indian will.
Which law governs the formal validity of a will made in the UAE?
Article (17)(4) of Federal Decree-Law No. (25) of 2025 sets UAE conflict-of-law rules for formal validity. It refers to the chosen law, the testator’s nationality law when the will was made, or the law of that place. This does not remove the separate requirements that an Indian authority may apply when the will concerns assets in India.
Related reading
- Uae inheritance law for expats
- What happens if heirs disagree in the UAE
- Non muslim family court in Dubai
