Last updated: 18 October 2026
Short answer: To make a valid will in India, write down clearly who gets which property, then sign it at the end in the presence of two witnesses, who must each sign it in your presence (section 63 of the Indian Succession Act, 1925). You must be an adult of sound mind and the will must be made freely. No stamp paper or particular format is required, and registration is optional, including in Uttar Pradesh after the Allahabad High Court’s 2024 ruling. Registration, or depositing the will with the Sub-Registrar in a sealed cover, does make it much harder to challenge or lose.
Validity checklist at a glance
| Requirement | What the law says | Provision |
|---|---|---|
| Capacity | Every person of sound mind who is not a minor may dispose of property by will | Section 59, Indian Succession Act |
| Free will | A will obtained by fraud, coercion or importunity that takes away free agency is void | Section 61 |
| Signature of testator | Signed or marked by the testator, or by another person in his presence and by his direction, placed so it is clear the writing is meant to take effect as a will | Section 63(a) and (b) |
| Attestation | At least two witnesses, each of whom saw the testator sign (or received his acknowledgement of the signature) and signed in his presence; they need not be present at the same time | Section 63(c) |
| Form | No particular form of attestation is necessary; plain paper is enough | Section 63(c) |
| Registration | Optional | Section 18, Registration Act, 1908 |
Who can make a will and over what property
Section 59 explains that a person who is ordinarily insane may make a will in a lucid interval, but no one can make a will while so intoxicated or ill that he does not know what he is doing. Blind or hearing impaired persons can make a will if they understand what they are doing.
A Hindu (including Buddhists, Jains and Sikhs) may bequeath any property he or she can dispose of, including an undivided interest in Mitakshara coparcenary property, under section 30 of the Hindu Succession Act, 1956. You can only give what you own: property held jointly with others passes only to the extent of your share. Muslims are governed by their personal law, under which a bequest generally cannot exceed one third of the estate (after funeral expenses and debts) without the consent of the heirs.
How to write your will, step by step
- List your assets. Land and houses (with khasra, khatauni or registry details), bank accounts, fixed deposits, shares and mutual funds, insurance, vehicles, jewellery, business interests. Describe each one well enough that no one can confuse it.
- Decide the beneficiaries. Use full names, relationship and age, and say what happens if a beneficiary dies before you.
- Appoint an executor. A trusted person who will carry out the will. You can also name an alternate.
- Add a residuary clause. Say who receives everything not specifically mentioned, including property you acquire later.
- Explain unequal shares. If you leave out a natural heir, give a short reason. Courts treat an unexplained exclusion as one of the circumstances that may call for explanation.
- Revoke earlier wills expressly, and date the document.
- Sign before two witnesses on every page and at the end, and have both witnesses sign with their names and addresses.
Choosing witnesses
Pick two adults who are independent, likely to be available in future and not beneficiaries. Section 67 of the Indian Succession Act says a will is not invalid merely because a witness or the witness’s spouse benefits under it, but the gift to that witness or spouse is void. The Kerala High Court has observed that this rule may not apply to Hindu wills, because section 57 and Schedule III extend only selected provisions to them. Either way, an interested witness invites suspicion, so avoid it.
Witnesses matter after your death. Under section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced section 68 of the Evidence Act), a document required by law to be attested cannot be used as evidence until at least one attesting witness, if alive and capable, has been called to prove its execution. The proviso that dispenses with this for registered documents expressly excludes wills. So even a registered will may need a witness to testify if it is disputed. Many people therefore choose younger witnesses and record their phone numbers and addresses.
Should you register the will?
Section 18 of the Registration Act, 1908 places wills among documents whose registration is optional, and section 27 allows a will to be presented for registration at any time. You have two options:
- Register it at the Sub-Registrar’s office, appearing in person with your identity proof and witnesses. The registered copy is kept in the office records.
- Deposit it in a sealed cover with the Registrar under sections 42 to 46. You can withdraw it during your lifetime, and after your death the Registrar opens it on application and copies it into the register.
Neither step is compulsory, and an unregistered will is not invalid. Registration helps by fixing the date and identity of the testator and reducing the risk of loss or forgery claims.
The Uttar Pradesh position
U.P. Act No. 27 of 2004 amended section 169(3) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to require that wills of agricultural holdings be registered. In Pramila Tiwari v. Anil Kumar Mishra, 2024:AHC:85067-DB (May 2024), a Division Bench of the Allahabad High Court held that this requirement was repugnant to the Registration Act, 1908 and void to that extent. As a result, a will in Uttar Pradesh is not void merely because it is unregistered, whether it was made before or after the 2004 amendment. Registration remains advisable, particularly for land.
Is probate needed?
Section 213 of the Indian Succession Act used to bar anyone from establishing a right as executor or legatee in court without probate in certain cases, mainly wills of Hindus, Buddhists, Sikhs and Jains made in, or concerning immovable property in, the old presidency towns of Kolkata, Chennai and Mumbai. The Repealing and Amending Act, 2025 (assented to on 20 December 2025) omitted section 213, so probate is no longer mandatory anywhere in India. It is still available, and a probate granted by a court remains the strongest proof of a will when heirs are likely to dispute it or when a bank or institution insists on it.
Free sample: a short will
WILL
I, [full name], son/daughter/wife of [name], aged [ ] years, resident of [full address], being of sound mind and acting of my own free will, make this Will on [date]. I revoke all my earlier wills and codicils.
1. I appoint [name, relationship, address] as executor of this Will, and if he/she is unable or unwilling to act, [alternate name].
2. I give my house at [full address / registry details] to [name, relationship].
3. I give the balance in my savings account no. [ ] with [bank, branch] and my fixed deposits with that bank to [name] and [name] in equal shares.
4. I give all my remaining property, movable and immovable, including property acquired after this date, to [name].
5. If any beneficiary dies before me, his or her share shall go to [name / his or her children equally].
In witness whereof I have signed this Will at [place] on the date mentioned above.
[Signature of testator]
Signed by the testator in our presence, and each of us has signed in the presence of the testator:
1. [Signature, name, address of witness]
2. [Signature, name, address of witness]
This is a minimal outline. Wills involving minors, business assets, property abroad or conditions on gifts need more careful clauses.
Need the complete, editable set? The Lexfolio Will and Succession Kit gives you editable will and codicil formats with clause options for executors, guardians of minors and alternate beneficiaries, plus probate and succession certificate petitions and a checklist for executing a valid will.
Changing or cancelling a will
Under section 70, an ordinary will can be revoked by a later will or codicil, by a signed and attested writing declaring the intention to revoke, or by burning, tearing or destroying it with that intention. Marriage revokes a will under the general rule, but the proviso to section 57 says marriage does not revoke a will made by a Hindu, Buddhist, Sikh or Jain. Small changes can be made by a codicil, which must be signed and attested in the same way as a will. Do not make handwritten corrections on a signed will.
Mistakes that lead to disputes
- Only one witness, or witnesses who signed later and not in the testator’s presence.
- A beneficiary arranging the will, choosing the witnesses and keeping the testator away from the family. Since H. Venkatachala Iyengar v. B.N. Thimmajamma (Supreme Court, 1958), the person relying on a will has had to remove such suspicious circumstances.
- Vague property descriptions such as “my land in the village”.
- No residuary clause, so part of the estate passes by intestate succession anyway.
- Relying on an electronic or emailed will. The Information Technology Act, 2000 does not apply to wills (section 1(4) read with the First Schedule), so sign a paper original.
If a family member dies without a will, see our guides on the succession certificate procedure and the legal heir certificate in Uttar Pradesh.
Frequently asked questions
Is a handwritten will valid in India?
Yes, if it is signed by you and attested by two witnesses as section 63 requires. Handwritten or typed makes no difference.
Does a will need to be on stamp paper or notarised?
No particular paper is prescribed, and notarisation is not a legal requirement. What matters is the testator’s signature and attestation by two witnesses.
Is registration of a will compulsory in Uttar Pradesh?
No. The Allahabad High Court in Pramila Tiwari (2024) held the 2004 requirement void, so an unregistered will is not invalid in UP. Registration is still advisable.
Can a family member be a witness?
The law does not bar it, but a witness who benefits (or whose spouse benefits) risks losing that gift under section 67 and invites challenge. Independent witnesses are safer.
How many times can I change my will?
As often as you like. Only the last valid will operates, so state clearly in each new will that earlier wills are revoked.
*This article is general information, not legal advice.*
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