How to Make a Valid Will in India: Drafting, Witnesses and Registration

Why make a will

A will decides how your property is distributed after your death. Without one, property passes under succession laws, which may not match your wishes and can lead to family disputes and delays.

Who can make a will

Any adult of sound mind can make a will for their self-acquired property and their share in other property. For Hindus, Christians, Parsis and others, the Indian Succession Act, 1925 governs wills; for Muslims, personal law applies, which generally limits bequests to one-third of the estate without heirs' consent.

What to include

• Your full name, address and a declaration that you are making the will voluntarily
• A list of assets: property, bank accounts, investments, valuables
• Who gets which asset, and alternatives if a beneficiary dies first
• An executor to carry out the will
• Date and place

Signing and witnesses

Sign the will in the presence of two witnesses, who also sign. Witnesses should not be beneficiaries. Use simple, clear language and sign every page.

Registration and safekeeping

Registration with the sub-registrar is optional but adds evidential strength. Keep the original safe and tell the executor where it is. Update the will after major life events by making a new will or a codicil.

Get help

ATTPL Legal helps draft and review wills and estate plans. For property records in Rajasthan, see the land records guide by ATTPL Agri, and for financial planning, ATTPL Finance.

Frequently asked questions