How do I make a will in India?

Under Section 59 of the Indian Succession Act, 1925, any person who is:

(1) 18 years of age or older;
(2) Of sound mind — meaning able to understand the nature and effect of the document and the property being disposed of.

This includes persons who are deaf, dumb or blind, provided they understand the act, and even those who are normally insane during their lucid intervals.

You can will away your self-acquired property freely. Ancestral property held jointly under Mitakshara coparcenary has different rules — you can only bequeath your own undivided share. Muslims are governed by their personal law and can bequeath only up to one-third of their estate without consent of all heirs (the remaining two-thirds devolve per Sharia).

Section 63 of the Indian Succession Act, 1925 prescribes the execution formalities:

(1) The Will must be in writing. It can be typed or handwritten, on plain paper. No stamp paper is required.
(2) The testator must sign or affix their mark at the end. If unable to sign personally, someone else may sign on their behalf in their presence and at their direction.
(3) The signature must be made or acknowledged in the presence of at least two witnesses, who must each see the testator sign (or hear the testator acknowledge their signature) and then sign in the testator's presence.
(4) Witnesses should ideally not be beneficiaries — under Section 67, a bequest to an attesting witness (or their spouse) is void, though the rest of the Will remains valid.

A holographic Will (entirely in the testator's handwriting) is also recognised but still needs the two-witness formality.

No — registration is optional under Section 18 of the Registration Act, 1908. An unregistered Will is just as legally valid as a registered one.

However, registration is strongly recommended because:

(1) The Sub-Registrar verifies the identity of the testator at the time of registration — a defence against future forgery claims;
(2) A registered Will is harder for unhappy heirs to challenge in court;
(3) It can be retrieved from the Registrar's office if the original is lost;
(4) Banks and other institutions accept it more readily for transmission of assets.

To register, take the original Will and two witnesses to the local Sub-Registrar's office, along with ID proofs and a small registration fee (typically ₹100-₹500 depending on the state).

Muslims in India are governed by their personal law (Shariat), not by the Indian Succession Act for testamentary disposition. Key differences:

(1) One-third rule — a Muslim testator can bequeath only up to one-third of their estate by Will. The remaining two-thirds must devolve as per Shariat shares (specific portions to spouses, children, parents, etc.).
(2) Heir consent — bequests beyond one-third are valid only if all legal heirs consent after the testator's death.
(3) No bequest to an heir without the consent of other heirs — you cannot give one child more than their Shariat share through a Will without the others agreeing.
(4) Sunni vs Shia rules differ on some procedural aspects.

If you are Muslim and want full freedom over your estate, consider lifetime gifts (Hiba) instead of a Will. Engage a reputable, specialised succession lawyer with expertise in Muslim personal law.

Step 1 — List all assets. Immovable property, bank accounts, demat holdings, mutual funds, jewellery, business interests, insurance policies, digital assets (crypto, domains, online accounts).

Step 2 — Identify beneficiaries with PAN/Aadhaar reference and clear relationships.

Step 3 — Appoint a trustworthy Executor to administer the estate. The Executor can be a beneficiary.

Step 4 — Draft in simple, unambiguous language. Avoid emotional language and contingent clauses that can be litigated. Specify what happens if a beneficiary predeceases you.

Step 5 — Execute with two independent witnesses who are not beneficiaries.

Step 6 — Register with the Sub-Registrar (recommended).

Step 7 — Store safely. Bank locker or with the Executor. Inform the Executor of the location.

For estates with significant assets, complex family dynamics, NRI elements, or businesses, engage a reputable, specialised succession lawyer. See also our guide on inheritance of debt.