How to Make a Valid Will in India: Step by Step

To make a valid will in India, you must be an adult of sound mind, write down who gets what from property that you own, sign the will, and have it attested by at least two witnesses, each of whom sees you sign and then signs in your presence. Registration is not compulsory, probate is needed only in some situations, and a will can be changed or cancelled at any time before death. Not legal advice: this guide is general information, and a lawyer should check your facts before you act.

Who can make a will, and what can go in it

Any person of sound mind who is not a minor can make a will under the Indian Succession Act, 1925. You can dispose of property that you own and can transfer, such as a house in your name, bank deposits, shares, vehicles and jewellery. You cannot will away property you do not own or cannot transfer. Questions come up for ancestral or joint family property and for property held jointly, so check what share is actually yours before you list it. Items that pass by nomination (such as a bank account or provident fund) can create a conflict between the nominee and the heirs named in the will; the nominee is generally treated as the person who receives the money, with the legal heirs’ rights to be sorted out under the law of succession, so say in the will what you want done.

The legal requirements for execution

Section 63 of the Indian Succession Act sets out how a will must be executed:

• The testator signs or puts a mark on the will, or someone else signs in the testator’s presence and by his direction.
• The signature or mark is placed so that it appears intended to give effect to the document as a will.
• Two or more witnesses attest it. Each witness must have seen the testator sign, or received the testator’s personal acknowledgment of the signature, and must sign in the testator’s presence. There is no rule that both witnesses must be present together, but good practice is to have them all together.

The will does not need a particular form, stamp paper or a lawyer, but it must be clear. A will on plain paper that follows section 63 is valid.

A practical procedure

1. List the assets. Write down every item with identifying details: address and survey or khasra number for land, account numbers, folio numbers, vehicle registration. Do not guess at details; wrong descriptions lead to disputes.
2. Decide the beneficiaries and shares. Be specific about who receives what, and name an alternate if a beneficiary dies before you.
3. Appoint an executor. The executor carries out the will. Choose someone younger than you and ask them first. Appoint a guardian for minor children if needed.
4. Draft the will. State your name, address and that you are making the will voluntarily, in sound mind and without pressure. Revoke earlier wills expressly. Number the pages and sign every page.
5. Sign before witnesses. Choose two witnesses who are not beneficiaries or spouses of beneficiaries, because a legacy to a witness or the witness’s spouse may be void under section 67 of the Act. Younger, easily traceable witnesses are better than elderly ones.
6. Consider a doctor’s certificate. If you are old or unwell, a medical certificate of mental soundness on the date of signing helps if the will is later challenged. It is not a legal requirement.
7. Store it safely. Tell the executor where it is. A will can also be deposited with the Registrar in a sealed cover.

Is registration compulsory?

No. Registration of a will is optional under the Registration Act, 1908. A registered will is easier to prove as genuine and harder to claim that it was forged or never made, but an unregistered will that meets section 63 is equally valid in law. State rules on stamp duty and registration fees vary, so check locally if you choose to register.

How a will is proved, and probate

If the will is disputed or has to be used in a court, it must be proved by calling at least one attesting witness to prove execution. The rule is now in section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier section 68 of the Evidence Act), with section 68 of the new Act dealing with the case where no attesting witness can be found. This is why traceable witnesses matter.

Probate is a court’s certified copy of the will with a grant of administration. It is compulsory only in specific areas: in the old presidency towns, namely Mumbai, Chennai and Kolkata, for wills by Hindus, Buddhists, Sikhs and Jains and for properties in those areas (sections 57 and 213 of the Indian Succession Act). Elsewhere it is optional, but banks, registrars or purchasers may ask for it. Where there is no will, heirs may need a succession certificate (for debts and securities) or legal heir certificate, depending on the asset and the institution.

Changing or cancelling a will

You can revoke a will by making a new one that says it revokes the earlier will, by destroying it with that intention, or by a later codicil that adds or changes particular items. Use a codicil for small changes and sign it with the same formalities as the will. If you make several changes, a fresh will is cleaner.

If there is no will

Without a will, Hindu property is divided under the Hindu Succession Act, 1956, in the order of Class I heirs (spouse, children, mother), and then others. Muslims follow personal law, where a will can cover only up to one third of the estate without the heirs’ consent. Make sure you know which regime applies to your family before you decide what to include.

Common mistakes

• One witness, or witnesses who did not actually see the signing.
• Beneficiaries signing as witnesses.
• Vague property descriptions or leaving out an asset class, causing partial intestacy.
• Pages not numbered or initialled, which invites claims that a page was replaced.
• Making the will under pressure or without capacity, which is the most common ground of challenge.
• Not telling anyone it exists.

Where templates help

Lexfolio’s Will and Succession Kit: Wills, Codicil, Probate and Succession Certificate lists twelve editable templates on its product page, among them a simple will, a detailed will with executor and guardian, mirror wills for couples, a codicil, an attesting witness affidavit, a doctor’s certificate of sound mind, petitions for probate, succession certificate and letters of administration, a relinquishment deed and a memorandum of family settlement. The page also mentions guidance on whether will registration is compulsory in Uttar Pradesh and on mutation, and says the law is stated as of 18 October 2026. It is model formats and general guidance, not legal advice.

A short will, properly signed and witnessed, prevents a long dispute. Review it whenever your family or assets change.