How to make a valid will in India, step by step

You want to make sure your house, savings and jewellery go to the right people, and that your children do not end up in court. Or a parent is ageing and the family wants to "get the will done". This guide explains exactly what a valid will needs, and the mistakes that most often lead to disputes.

What a will is

A will is a written document in which you say who should receive your property after your death. It takes effect only on death. Until then, the property stays fully yours: you can sell it, gift it or use it as you like, and the people named in the will get no rights in it.

If you die without a will, your property goes to your legal heirs under the succession law of your religion. That may not match your wishes, and it often means many co-owners for one house, which is where disputes start.

Who can make a will, and over what

Under Sec 59, Indian Succession Act, 1925, any adult of sound mind can make a will. "Sound mind" means you understand what property you have, who your family members are, and what the will does. A will made under force, fraud or undue pressure is invalid Sec 61.

These rules on wills apply to Hindus, Sikhs, Jains, Buddhists, Christians, Parsis and others. Muslims are governed by Muslim personal law: a will can be oral or written, but a person can generally give away by will only up to one-third of the property left after funeral costs and debts, unless the heirs consent to more.

You can give away only what is yours: self-acquired property, your share in inherited property, bank deposits, investments, vehicles and jewellery. A Hindu's share in joint family (coparcenary) property can be left by will, but not the shares of other members.

The formalities that make a will valid

Sec 63, Indian Succession Act sets out the essentials:

1. Write it down. Handwritten or typed, in any language you understand. Plain paper is enough. No stamp duty is payable on a will.
2. Sign it. Sign or put your thumb mark at the end of the will. As good practice, sign every page and number the pages ("page 1 of 3").
3. Two witnesses. At least two witnesses must see you sign (or hear you confirm your signature), and each must sign the will in your presence. Write their full names and addresses below their signatures.

Choose witnesses carefully. Under Sec 67, if a witness or their spouse is a beneficiary, the gift to them becomes void, though the rest of the will stands. Pick adults who get nothing under the will, ideally people younger than you who will be available to confirm the will later.

Step by step: writing your will

1. List everything you own: property with address and survey or flat number, bank accounts, fixed deposits, shares and mutual funds, insurance policies, vehicles, jewellery, and any debts.
2. Decide who gets what. Name each beneficiary fully, with their relationship to you. Say what happens if a beneficiary dies before you (for example, "to her children in equal shares").
3. Appoint an executor, a trusted person who will carry out your wishes. You may name a second as back-up.
4. Write the opening declaration: your name, age, address, that you are of sound mind, making the will of your own free will, and that it cancels all earlier wills.
5. Add a residuary clause: who gets anything you have not specifically mentioned, including property you acquire later.
6. Sign before two witnesses, date it and write the place.
7. Consider registration (see below) and tell your executor where the will is kept.

Registration and probate

Registration with the sub-registrar under the Registration Act, 1908 is optional. A registered will is not automatically valid, and an unregistered will is not invalid. But registration creates an official record, with your photograph and the witnesses present before an officer, so it is much harder to claim the will was forged or made under pressure. The fee is modest and varies by state. You can also deposit a sealed will with the registrar for safekeeping.

Probate is a court's certificate confirming that a will is genuine. Earlier, Sec 213 of the Act made probate compulsory for some wills, mainly those made in, or concerning property in, the old presidency towns of Mumbai, Kolkata and Chennai. As of October 2026, that section has been omitted by the Repealing and Amending Act, 2025, so probate is no longer a legal requirement in these cases. Executors may still choose to obtain it, and banks or housing societies may ask for it in disputed or high-value matters.

Changing your will

Under Sec 62, you can revoke or change your will at any time. For a small change, make a codicil (a short supplement), signed and witnessed in the same way. For bigger changes, make a fresh will that says it revokes all earlier ones. Review your will after marriage, divorce, a birth or death in the family, or a large purchase or sale.