The rules for making, changing and reading a will depend on your religion and, in some cases, on how you married. Waseeyat asks about this only to apply the right rules, and says why it asks.
Hindus, Buddhists, Sikhs and Jains
Part VI of the Indian Succession Act, 1925 applies to your will only through the sections listed in Schedule III, with the changes that Schedule makes (section 57). In practice:
- The signing and witnessing rules in section 63 apply.
- A gift to an attesting witness is not void, because section 67 is not listed.
- Marriage does not revoke an earlier will (proviso to section 57; Schedule III, item 4).
- The simpler "privileged will" rules for soldiers, airmen and mariners (sections 65 and 66) are not listed.
- Nothing in these sections lets you leave by will property you could not have given away during your life, or take away a right of maintenance you could not otherwise have taken away (Schedule III, restriction 1).
Christians, Parsis, Jews and others
Part VI applies in full (section 58(2)). Two differences matter most:
- A gift to a witness, or to a witness's husband or wife, is void (section 67).
- Marriage revokes every earlier will (section 69). The only exception is a will made under a power of appointment over property that would not otherwise pass to the person's executor, administrator or heirs.
Muslims
Part VI does not apply to wills made by Muslims (section 58(1)). Their wills follow Muslim personal law.
Waseeyat's guided will for Muslims is not open yet. It opens after an empanelled advocate has reviewed it. Until then, Waseeyat offers the fixed-fee advocate review instead.
If you married under the Special Marriage Act, 1954
Succession to the property of a person married under the Special Marriage Act, and of the children of that marriage, is governed by the Indian Succession Act, despite the Act's limits for particular communities (Special Marriage Act, section 21). So, for example, a Muslim married under the Special Marriage Act follows the Indian Succession Act rather than Muslim personal law.
There is one exception. If both spouses are Hindu, Buddhist, Sikh or Jain, section 21 does not apply (section 21A), and the rules for Hindus, Buddhists, Sikhs and Jains above apply.
When Waseeyat suggests an advocate instead
A change of religion, a marriage abroad, property or residence outside India, or anything else that mixes these rules is beyond a guided will. Waseeyat's questions ask whether you changed religion, live abroad or own property outside India, and stop the guided will for any of these, offering the fixed-fee advocate review instead. If something else mixes the rules for you, ask for that review.
Sources
- The Indian Succession Act, 1925 (Act 39 of 1925), sections 57, 58, 63, 65 to 69 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 Special Marriage Act, 1954 (Act 43 of 1954), sections 21 and 21A. India Code consolidated text as on 15 April 2026, read 9 October 2026: https://indiacode.gov.in/act/64fe4c01-196d-42c8-9deb-4cae341f1699
General information about Indian law, not legal advice. Waseeyat is not a law firm.