How do I make a will in India?
Updated · 29 May 2026
Draft your wishes in writing, sign in the presence of two independent witnesses who also sign, and ideally register it with the Sub-Registrar. A will needs no stamp paper.
Who can 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).
(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).
What are the formal requirements for a valid will?
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.
(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.
Do I need to register my will?
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).
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).
How is Muslim succession different?
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.
(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.
What steps should I follow to draft and execute a valid will?
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.
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.
Nomination vs will: which takes precedence?
This is one of the most widely misunderstood points in Indian succession law. Many people believe that nominating a family member with a bank, insurer, or employer ensures the asset passes to that person. This is only partially true.
Nominations are a temporary transfer mechanism, not a beneficial ownership transfer: A nominee receives the asset only as a trustee for the legal heirs, unless the nomination is under a special statute that confers absolute ownership (such as the Employees' Provident Fund Act and certain mutual fund nominations after 2024 amendments).
Where the will overrides the nominee: For bank accounts, fixed deposits, and insurance policies, the nominee collects the funds on the holder's death — but the legal heirs can then demand the amount be distributed per the will or per succession law. In Sarbati Devi v. Usha Devi, AIR 1984 SC 346, the Supreme Court held that a bank nominee has no beneficial interest over other legal heirs.
Where the nomination is absolute: EPF, EPS, and PPF nominations confer absolute rights on the nominee — a will cannot override them. The same applies to nominations under the Members of Parliament (Salaries) Act and certain other statutory schemes.
Practical advice: Always align your nominations with your will. If you want your bank balance to go to person A, both nominate person A with the bank and name person A as the beneficiary for that account in your will. This eliminates disputes and administrative delays. Review nominations after every major life event — marriage, divorce, death of a nominee.
Nominations are a temporary transfer mechanism, not a beneficial ownership transfer: A nominee receives the asset only as a trustee for the legal heirs, unless the nomination is under a special statute that confers absolute ownership (such as the Employees' Provident Fund Act and certain mutual fund nominations after 2024 amendments).
Where the will overrides the nominee: For bank accounts, fixed deposits, and insurance policies, the nominee collects the funds on the holder's death — but the legal heirs can then demand the amount be distributed per the will or per succession law. In Sarbati Devi v. Usha Devi, AIR 1984 SC 346, the Supreme Court held that a bank nominee has no beneficial interest over other legal heirs.
Where the nomination is absolute: EPF, EPS, and PPF nominations confer absolute rights on the nominee — a will cannot override them. The same applies to nominations under the Members of Parliament (Salaries) Act and certain other statutory schemes.
Practical advice: Always align your nominations with your will. If you want your bank balance to go to person A, both nominate person A with the bank and name person A as the beneficiary for that account in your will. This eliminates disputes and administrative delays. Review nominations after every major life event — marriage, divorce, death of a nominee.
Probate: when is it mandatory and how do you apply?
Probate is a court certificate confirming the validity of a will. It is issued by the District Court or High Court (depending on the asset value) under Sections 57 and 213 of the Indian Succession Act, 1925.
When probate is mandatory in India: Probate is compulsory in the original jurisdiction areas of the High Courts of Bombay, Calcutta, and Madras (broadly: Mumbai, Kolkata, and Chennai and their suburbs). Outside these areas, probate is optional for most assets but banks, registrars, and property authorities sometimes insist on it before acting on a will.
Muslims and Hindus governed by customary law: Exempt from mandatory probate under Section 57 ISA even within the High Court original jurisdiction areas. A succession certificate (for movable assets) or a simple application to the sub-registrar (for immovable property) may suffice.
How to apply for probate:
Succession certificate: A simpler alternative for collecting debts and securities (bank accounts, FDs, demat) without real property. Issued by the District Court within 3–6 months for straightforward cases.
When probate is mandatory in India: Probate is compulsory in the original jurisdiction areas of the High Courts of Bombay, Calcutta, and Madras (broadly: Mumbai, Kolkata, and Chennai and their suburbs). Outside these areas, probate is optional for most assets but banks, registrars, and property authorities sometimes insist on it before acting on a will.
Muslims and Hindus governed by customary law: Exempt from mandatory probate under Section 57 ISA even within the High Court original jurisdiction areas. A succession certificate (for movable assets) or a simple application to the sub-registrar (for immovable property) may suffice.
How to apply for probate:
- File a probate petition in the District Court (for estates below a prescribed value) or the High Court.
- Produce the original will, death certificate, list of heirs, and a schedule of assets.
- The court issues a citation in local newspapers or by public notice inviting objections.
- If no objection is received within the prescribed period, the court grants probate and issues letters of administration (if no will) or the probate certificate.
Succession certificate: A simpler alternative for collecting debts and securities (bank accounts, FDs, demat) without real property. Issued by the District Court within 3–6 months for straightforward cases.
Wills for digital assets, overseas property, and new asset classes
Standard will drafting guidance was written for immovable property and bank accounts. Modern estate planning must address a wider asset universe.
Cryptocurrency and digital tokens: Crypto held in an exchange wallet can be transferred to the nominee or heir only if they have the login credentials or private key. The will should: (a) name the specific wallets and exchanges; (b) direct that access credentials be kept in a sealed envelope with the will's custodian; (c) designate the beneficiary. Hardware wallets are particularly at risk of permanent loss if the recovery phrase is not securely communicated. Discuss with a digital estate planning specialist.
Demat accounts and mutual funds: Nominations registered with CDSL/NSDL for demat accounts and with fund houses for mutual funds now confer absolute ownership on the nominee (as amended by SEBI in 2023). Align these nominations with your will to avoid inconsistency.
Overseas property: An Indian will does not automatically operate on property situated abroad. For overseas real estate, you need either a separate will executed and valid under the law of the country where the property is located, or a clause in the Indian will expressly intended to cover overseas movable assets. The Indian Succession Act (Section 5) governs immovable property by the law of the country where it is situated — meaning the overseas jurisdiction's rules apply regardless of what the Indian will says.
Domain names, social media, and subscriptions: These are contractual rights, not property. Most platform terms of service prohibit transfer on death. Include a digital asset clause directing the executor to close or memorialize accounts and distribute recoverable balances (Google Inactive Account Manager, Facebook Legacy Contact) per your instructions.
Cryptocurrency and digital tokens: Crypto held in an exchange wallet can be transferred to the nominee or heir only if they have the login credentials or private key. The will should: (a) name the specific wallets and exchanges; (b) direct that access credentials be kept in a sealed envelope with the will's custodian; (c) designate the beneficiary. Hardware wallets are particularly at risk of permanent loss if the recovery phrase is not securely communicated. Discuss with a digital estate planning specialist.
Demat accounts and mutual funds: Nominations registered with CDSL/NSDL for demat accounts and with fund houses for mutual funds now confer absolute ownership on the nominee (as amended by SEBI in 2023). Align these nominations with your will to avoid inconsistency.
Overseas property: An Indian will does not automatically operate on property situated abroad. For overseas real estate, you need either a separate will executed and valid under the law of the country where the property is located, or a clause in the Indian will expressly intended to cover overseas movable assets. The Indian Succession Act (Section 5) governs immovable property by the law of the country where it is situated — meaning the overseas jurisdiction's rules apply regardless of what the Indian will says.
Domain names, social media, and subscriptions: These are contractual rights, not property. Most platform terms of service prohibit transfer on death. Include a digital asset clause directing the executor to close or memorialize accounts and distribute recoverable balances (Google Inactive Account Manager, Facebook Legacy Contact) per your instructions.
Reference Citation: Section 63, Indian Succession Act, 1925
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.