Who can make a will and what makes it valid
Under Section 59 of the Indian Succession Act, 1925, any adult of sound mind can make a will disposing of their property. A will made under fraud, coercion or undue influence is void to that extent (Section 61). For most people other than Muslims, Section 63 sets the formalities: the testator signs or marks the will, and two or more witnesses each see the testator sign (or receive the testator’s acknowledgement of the signature) and sign in the testator’s presence. No particular form, language or stamp paper is required.
Muslims are generally governed by their personal law for wills. Under that law a bequest is ordinarily limited to one-third of the estate after funeral expenses and debts, and bequests to heirs need the consent of other heirs. If this applies to you, have the draft reviewed before relying on it.
Choose witnesses and an executor carefully
Section 67 makes a bequest to an attesting witness, or to the witness’s spouse, void, although the will itself stays valid. Use independent adult witnesses who are likely to be available later, because a court may require at least one of them to prove the will. For elderly or unwell testators, a contemporaneous doctor’s note on mental capacity can help answer later challenges.
The executor gathers the assets, pays debts and distributes the estate. Name someone you trust, consider an alternate, and tell them where the original will is kept.
Registration, probate and changes
Registration of a will is optional under Section 18 of the Registration Act, 1908 and attracts no stamp duty. It is still useful evidence of execution. Probate is mandatory for wills made by Hindus, Buddhists, Sikhs and Jains within, or concerning immovable property within, the former Presidency towns of Kolkata, Chennai and Mumbai (Section 57 read with Section 213); elsewhere institutions may still ask for it.
You can revoke or change a will at any time while alive, by a new will, a codicil executed with the same formalities, or by destroying it with intent to revoke (Section 70). Review it after marriage, the birth of a child, or a major change in assets.
Describe assets so they can be identified
Describe each property with its address, survey or flat number, and each account by bank and branch rather than full account numbers. Use a residuary clause so that anything you forget or acquire later still passes to someone you choose. Nominations in bank accounts or insurance do not by themselves override a will for ownership, but they affect who receives the money first, so keep them consistent.
Frequently asked questions
Does a will need stamp paper or registration?
No stamp duty is payable and registration is optional. Signing by the testator and attestation by two witnesses are what matter under Section 63.
Can a beneficiary be a witness?
They can sign, but under Section 67 the bequest to that witness or their spouse becomes void. Use independent witnesses.
Can I change my will later?
Yes. A later will or a codicil executed with the same formalities can revoke or change it.
Is probate always required?
It is mandatory only in certain cases, such as Hindu wills connected to the former Presidency towns. Elsewhere, it depends on the asset and institution.
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This page gives general information, not legal advice. Forms, fees and timelines are set by each State and can change — confirm on your State portal before applying.