A will is valid when an adult of sound mind sets out in writing what should happen to their property after death, signs it, and has at least two witnesses sign it in the way the law requires. It does not need stamp paper, a notary or registration.
Which rules these are
These rules come from Part VI of the Indian Succession Act, 1925. They apply to Hindus, Buddhists, Sikhs and Jains through the sections listed in Schedule III of the Act (section 57), and in full to Christians, Parsis, Jews and others (section 58). Wills made by Muslims follow Muslim personal law instead (section 58(1)). The note "Which law governs your will" explains the differences.
What a will is
The Act defines a will as the legal declaration of a person's intention about their property, which they want carried out after their death (section 2(h)). A codicil is a later document that explains, changes or adds to a will, and it is treated as part of the will (section 2(b)).
Who can make a will
Every person of sound mind who is not a minor can make a will (section 59). The Act explains what sound mind means here:
- A person who is deaf, unable to speak or blind can make a will if they understand what they are doing by it.
- A person who is usually of unsound mind can make a will during a period when they are of sound mind.
- No one can make a will while illness, intoxication or anything else leaves them unable to know what they are doing.
The examples printed with section 59 add two points. The person must understand the nature of their property and who their family are. They must also understand the document and its effect. Being very weak or ill does not by itself prevent a valid will, if the person can still judge how to dispose of their property.
How a will must be signed
Section 63 sets three rules:
- You sign the will, or put your mark on it (for example a thumb impression). Another person may sign for you, but only in your presence and at your direction.
- The signature or mark is placed so that it is clear you meant it to give effect to the document as your will.
- At least two witnesses attest it. Each witness must have seen you sign or put your mark, or seen the other person sign for you, or have received your personal acknowledgment of the signature or mark. Each witness signs in your presence. The witnesses need not be present at the same time, and no particular form of words is required.
Simpler rules exist for soldiers and airmen on an expedition or in actual warfare, and for mariners at sea (sections 65 and 66). Those sections are not among the ones Schedule III applies to Hindus, Buddhists, Sikhs and Jains.
What a will does not need
- Stamp paper. The Indian Stamp Act, 1899 charges no duty on a will. Its Schedule I entries for gifts, trusts and appointments expressly leave wills out (Articles 7, 33 and 64). Some states have their own stamp laws, so check before you rely on this in your state.
- A notary. Section 63 does not require one.
- Registration. Registering a will is optional (Registration Act, 1908, section 18(e)). See the note "Registering or depositing a will".
How Waseeyat applies these rules
- The will is generated for the signing day, with the date and place printed and the signature block at the end.
- Every page carries initials lines, and the will includes an attestation clause recording that both witnesses saw you sign and signed in your presence.
- If the will is in a language you do not read, it carries a declaration naming who read it over and explained it to you.
Sources
- The Indian Succession Act, 1925 (Act 39 of 1925), sections 2(b), 2(h), 57, 58, 59, 63, 65, 66 and Schedule III. India Code consolidated text as on 19 June 2026, read 9 October 2026: https://indiacode.gov.in/act/3eeb6aec-1e1f-42d4-9673-c04d21829663
- The Indian Stamp Act, 1899 (Act 2 of 1899), Schedule I, Articles 7, 33 and 64. India Code, read 9 October 2026: https://indiacode.gov.in/act/62f361a1-6bef-43a4-9339-8289380e1051
- The Registration Act, 1908 (Act 16 of 1908), section 18(e). India Code, read 9 October 2026: https://indiacode.gov.in/act/0777df3b-bda8-468d-9a83-bf7383502384
General information about Indian law, not legal advice. Waseeyat is not a law firm.