Will
Added Last checked against India Code
A written declaration of what a person wants done with their property after death. Under the Indian Succession Act, 1925 it must be signed by the maker and attested by two witnesses. Registration is optional.
- Law
- Indian Succession Act, 1925
- Who can make one
- Adult of sound mind
- Witnesses
- Two or more
- Registration
- Optional
- Stamp paper
- Not needed
What brings you here?
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I want to plan who gets my property
A will needs at least two witnesses. A gift in the will to a witness, or to a witness's spouse, is void, so pick witnesses who inherit nothing. Registering a will is optional.
A family member has died and I need to claim
Find out first whether there is a will. Banks and registrars ask for different papers depending on that.
I am a law student or judiciary aspirant
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What it means
Section 2(h) of the Indian Succession Act, 1925 defines a will as the legal declaration of a person's intention about their property, which they want carried out after their death. The person making it is the testator. A will takes effect only on death, and until then the testator can change or cancel it at any time while still competent to make one (Section 62).
Any person of sound mind who is not a minor can make a will (Section 59). A will, or any part of it, made because of fraud, coercion or pressure that takes away the testator's free will is void (Section 61). An ordinary will must be signed by the testator, or by someone else in their presence and at their direction, and attested by two or more witnesses who saw the testator sign or received the testator's acknowledgment of the signature, and each witness must sign in the testator's presence (Section 63).
Registering a will is optional under Section 18 of the Registration Act, 1908, and a testator can also deposit a will with the Registrar in a sealed cover (Section 42). Wills of Muslims are governed by Muslim personal law, not by these provisions of the Succession Act, and under it a will generally cannot give away more than one third of the estate without the consent of the heirs.
The law
| Current provision | Replaced |
|---|---|
| Section 63, Indian Succession Act, 1925Execution of unprivileged wills | Still in force; not renumbered |
| Section 59, Indian Succession Act, 1925Person capable of making wills | Still in force; not renumbered |
| Section 67, Bharatiya Sakshya Adhiniyam, 2023Proof of execution of document required by law to be attested | Section 68, Indian Evidence Act, 1872 |
| Section 18, Registration Act, 1908Documents of which registration is optional (clause (e), wills) | Still in force; not renumbered |
When it matters
- You own a house, savings or other property and want to decide who gets it, instead of leaving it to the rules of intestate succession.
- A parent or relative has died and a will has been found, and you need to know whether it was validly made.
- You suspect a will was signed under pressure, or by someone who did not understand what they were signing.
- Your family or property has changed, such as a marriage, a birth or a sale, and an old will no longer matches your wishes.
Example
A retired teacher in Kolkata writes a will by hand on plain paper leaving her flat to her daughter and her savings to her son. She signs it in front of two neighbours, who sign as witnesses in her presence. She later registers it with the Sub-Registrar so the original is on record. After her death, if the son disputes it, the daughter will have to prove it by calling at least one of the attesting witnesses.
Watch out for
- Two witnesses are essential for an ordinary will. In court, a will is proved by examining at least one attesting witness who is alive (Section 67 BSA, old Section 68 of the Evidence Act), and the exemption for registered documents does not apply to wills.
- The person relying on the will must clear any suspicious circumstances, for example where the main beneficiary arranged the signing. The Supreme Court laid this down in H. Venkatachala Iyengar v. B.N. Thimmajamma (1958) and restated it in Meena Pradhan v. Kamla Pradhan (2023).
- No stamp paper is needed and a will can be typed or handwritten. What matters is the testator's signature and the two witnesses. Registration helps as a record but does not by itself prove the will.
- A later will or codicil, or tearing or destroying the will with the intention of revoking it, can revoke an earlier will (Section 70). A signed writing declaring an intention to revoke also works. Keep track of which version is the last one.
Common questions
Does a will have to be registered?
No. Section 18 of the Registration Act, 1908 lists wills among documents whose registration is optional. An unregistered will that was properly signed and attested is valid.
Can I change my will after making it?
Yes. Section 62 of the Indian Succession Act lets a testator revoke or alter a will at any time while competent to make one. A codicil can change part of it, or a new will can replace it.
Making a will?
A lawyer can draft it so it holds up later.
Claiming an inheritance?
A lawyer can tell you which certificate you need.
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Last checked against the official text on India Code on 9 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.