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Will format in India

Guide · Last verified against the bare Acts on 2026-11-09

A will is a legal declaration of how a person wants their property distributed after death. Under Section 63 of the Indian Succession Act, 1925, it must be signed by the testator and attested by at least two witnesses who saw the testator sign. Registration is optional, and probate is compulsory only in limited cases.

Key points

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Execution of willsSection 63 Indian Succession Act, 1925—

Which court or authority

Kept privately or registered with the Sub-Registrar; probate or letters of administration from the District Court or High Court.

What the document should contain

Documents to attach

Procedure

  1. Draft the will clearly
  2. Sign before two witnesses who sign in the testator’s presence
  3. Optionally register it at the Sub-Registrar

Common mistakes

Frequently asked questions

Is it necessary to register a will in India?

No. Registration is optional, though it helps prove the will.

Can a beneficiary be a witness to a will?

The will remains valid, but a bequest to an attesting witness (or their spouse) is void under Section 67 of the Indian Succession Act, so beneficiaries should not witness.

Will formats in the library (73)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.