How to Make a Will in India: A Simple Step-by-Step Guide

A will is a written document in which you decide who will receive your property after your death. To make a valid will in India, write it clearly, sign it yourself, and have two witnesses sign it in your presence, as required by section 63 of the Indian Succession Act, 1925. Registration is optional but adds safety.

Why should you make a will?

Without a will, your property passes according to the succession rules of your personal law. Those rules may not match what you actually want. A parent may want to leave more to a child who cares for them, or a person may want to provide for a sibling, a friend or a charity.

A clear will also reduces the chance of quarrels. When your wishes are written down, signed and witnessed, your family has far less room to argue about what you "would have wanted".

Who can make a will?

Any adult who is of sound mind and understands what they are doing can make a will. The will should reflect your free choice. A will made under pressure, threat or trickery can be challenged in court.

Your religion matters. The Indian Succession Act governs wills for most Indians, including Hindus, Sikhs, Jains, Buddhists, Christians and Parsis. Muslims are governed by their personal law, under which a person can generally bequeath only up to one-third of their property by will. Going beyond one-third generally needs the heirs' consent, and whether a Muslim will needs attesting witnesses is before the Supreme Court. If you are Muslim, speak to an advocate about how this applies to you.

What property can you include in a will?

You can only give away what you own, or your share in property. This can include:

• Land, a house or a flat
• Bank deposits, fixed deposits and investments
• Gold, jewellery and vehicles
• Shares in a business
• Personal belongings of value

If you have a share in joint or family property, the rules can be more complicated. Describe each item clearly, for example with the address and survey or khasra number for land, and account or folio numbers for investments.

What makes a will legally valid?

Under section 63 of the Indian Succession Act, a will must meet three basic conditions:

• It must be in writing. It can be typed or handwritten, in any language you understand.
• You must sign it. Your signature (or thumb impression, if you cannot sign) shows the will is yours.
• Two witnesses must attest it. Each witness must sign the will in your presence. Ideally both should watch you sign as well.

There is one important trap. Under section 67, a gift in a will to an attesting witness, or to the witness's husband or wife, is void. The will itself stays valid, but that person loses the gift. So never ask a beneficiary or their spouse to be a witness.

How to make a will: step by step

1. List your assets. Write down every property, account and valuable item, with documents and numbers that identify them.
2. Decide who gets what. Name each beneficiary with full name, relationship and address, and say exactly what each person receives.
3. Choose an executor. An executor is the person who carries out your will. Pick someone you trust, and ask them first.
4. Write the will in simple language. Include your full name, address and the date. State that you are making the will of your own free will and that it cancels any earlier will.
5. Add a residuary clause. Say who should get anything you forget to mention or acquire later. This avoids gaps.
6. Sign before two independent witnesses. Sign at the end and initial each page. Both witnesses then sign with their names and addresses.
7. Consider registering it. You can register the will at the Sub-Registrar's office. This is optional.
8. Store it safely. Keep the original in a secure place and tell your executor where it is.

Do you need to register a will?

No. Registration of a will is not compulsory in India. An unregistered will is equally valid if it meets the legal requirements. However, registration helps. The registered record makes it harder for anyone to claim the will is forged or was replaced, and a copy can be obtained from the registration office if the original is lost.

Procedures and documents required for registration can vary from state to state, so check with your local Sub-Registrar's office.

Can you change or cancel a will later?

Yes. A will takes effect only after your death, so you can change it as many times as you like during your lifetime. You can:

• Make a fresh will that clearly cancels all earlier wills, or
• Make a codicil, which is a short document that changes or adds to part of your existing will.

A codicil must be signed and witnessed in the same way as a will. If your circumstances change, such as marriage, the birth of a child, a death in the family or the sale of a major property, review your will.

Common mistakes to avoid

• Using a beneficiary or their spouse as a witness
• Describing property vaguely, such as "my land in the village"
• Forgetting to name an executor
• Leaving several versions of a will without saying which one is final
• Making handwritten changes on the will after it is signed and witnessed
• Hiding the will so well that nobody finds it

After your death: what happens to the will?

The executor collects the will, gathers your assets and distributes them as you directed. For land and houses, the beneficiaries usually need to get the revenue or municipal records updated in their names. Read our guide on the land mutation process to understand how that works.

Probate is a court's confirmation that a will is valid. In December 2025, Parliament omitted section 213 of the Indian Succession Act, which had made probate compulsory in some cases. Probate remains available and can still be prudent for large or disputed estates, so ask an advocate whether you need it.

How NYAY GHAR can help

Writing a will is simple in principle, but family situations rarely are. An advocate can help you describe property correctly, plan for joint or ancestral holdings, and avoid clauses that invite disputes.

You can request legal assistance through NYAY GHAR to be connected with a qualified advocate, or read more about our documentation services. Before you go, see our checklist for your first meeting with a lawyer.

This guide is general legal information, not legal advice for your specific case.