How to make a valid will in India: section 63, two witnesses, registration and costs

A will is valid in India if it is in writing, signed (or marked) by the testator, and attested by at least two witnesses, each of whom saw the testator sign or received the testator's acknowledgement of the signature, and each of whom signs in the testator's presence (section 63 of the Indian Succession Act, 1925). There is no stamp duty, no required format and no need to register it, although registration at the Sub-Registrar's office is a useful extra layer of proof. The testator must be an adult of sound mind acting freely. This guide covers each step, the optional extras, and what a will typically costs.

It is part of the estate planning checklist.

Who can make a will

Any person 18 or older and of sound mind (section 59). Someone who is usually of unsound mind can make a will during a lucid interval.
A will made under fraud, coercion or undue influence is void to that extent.
Deaf, dumb or blind people can make a will if they know what they are doing.
Muslims follow Muslim personal law, under which a will can be oral and is limited to one-third without the heirs' consent. See the Muslim inheritance guide.

What you can leave by will

Your self-acquired property: things you bought, earned or received as a gift or by inheritance from someone other than your father, grandfather or great-grandfather in the male line
Your share in coparcenary property (section 30 of the Hindu Succession Act)
Not property you hold only as a trustee or that belongs to others, such as another coparcener's share
Not money that passes under its own rules, such as a beneficial nominee's life insurance (the policy can still be dealt with during life by assignment)

Step by step

List your assets and liabilities with enough detail to identify them: account numbers can be partial, but property descriptions should match the title deed.
Decide the beneficiaries and shares. Use percentages or specific gifts, and say who gets the residue (everything not otherwise mentioned).
Choose an executor and an alternate. An executor can also be a beneficiary.
Name a guardian for minor children, if relevant. A will can appoint a testamentary guardian, subject to the court's view of the child's welfare.
Write it clearly. Plain English (or any language) is fine. State your full name, address, age, that you are of sound mind, and that the will revokes earlier wills.
Sign every page and sign at the end in the presence of two witnesses present at the same time. Write the date and place.
Witnesses sign in your presence, with their full names and addresses. Choose adults likely to be traceable later. A beneficiary or their spouse should not be a witness: under section 67, a bequest to an attesting witness or their spouse is void (the will itself remains valid).
Optional extras: a doctor's certificate of sound mind if you are elderly or ill, video recording of the signing, and registration.
Store it safely and tell the executor where it is.

Registration and sealed deposit

Option	How	Benefit	Limitation
Unregistered will	Sign and witness at home	Free, quick, private	Easier to lose or challenge
Registered will	Present the will in person at the Sub-Registrar's office with two witnesses and ID; pay the state's registration fee	Strong evidence of genuineness; the original is recorded	Still revocable; registration does not prevent a challenge on capacity or influence
Sealed deposit	Deposit the will in a sealed cover with the Registrar (Registration Act, 1908, s. 42)	Safe custody; opened after death on application	Few people know to look for it; tell the executor

Registration is optional under section 18 of the Registration Act. A registered will does not override a later unregistered will; the last valid will prevails.

Typical costs (illustrative)

Item	Illustrative range
Writing it yourself	Nil, apart from paper
Advocate drafting a simple will	A few thousand rupees to ₹25,000, depending on the city and complexity
Registration fee at Sub-Registrar	Small fixed fee set by the state, plus incidentals
Doctor's certificate	Consultation fee
Complex will with trusts or many properties	Higher; ask for a written fee quote

These figures are not quotes. Fees differ widely, so ask before engaging anyone.

Changing or revoking a will

Codicil. A short document that adds to or changes a will, executed with the same formalities (two witnesses).
New will. The simplest way to make major changes. State that it revokes all earlier wills.
Destruction. Tearing or burning a will with the intention to revoke it.
Marriage. For Christians, Parsis and others under Part VI, marriage revokes an earlier will (section 69). For Hindus, Buddhists, Sikhs and Jains it does not, but you should still review the will after marriage.

Mistakes that invalidate or weaken wills

Only one witness, or witnesses who signed at different times without the testator present
A beneficiary acting as witness
Disposing of property the testator did not own, such as a sibling's share
No residue clause, leaving part of the estate to pass by intestacy
Vague descriptions ("my house") when there are two houses
Unexplained exclusion of close family by an elderly or ill testator, which invites a challenge of undue influence

Worked example (illustrative)

Sunita, 62, owns a flat (self-acquired) worth ₹90 lakh and mutual funds of ₹20 lakh. She wants the flat to go to her daughter, who cares for her, and the funds split equally between her two sons. Her will:

Revokes earlier wills and names her daughter as executor, with her elder son as alternate
Leaves the flat to the daughter and the mutual funds 50:50 to the sons
Leaves the residue (bank balances, jewellery) equally to the three children
Explains briefly why the flat goes to the daughter, to reduce the risk of a dispute
Is signed before two neighbours who are not beneficiaries, and registered

She then updates her mutual fund nominations to match, 50% to each son. See demat and MF nominations. After Sunita's death, the daughter may not need probate (section 213 was omitted in December 2025), but if the housing society insists, she can apply. See the probate guide.

Frequently asked questions

Does a will need to be on stamp paper?

No. A will is not chargeable with stamp duty. Plain paper is enough.

Can I write a will by hand?

Yes. A handwritten (holographic) will is valid if signed and attested by two witnesses. It is wise to write legibly and avoid alterations; initial any corrections with the witnesses.

Is an online or digital will valid?

A typed will printed and physically signed and witnessed is valid. An unsigned electronic document is generally not, because the Information Technology Act excludes wills from electronic signature rules.

Do the witnesses need to read the will?

No. They attest your signature, not the contents. You can keep the contents private.

Sources

India Code — Indian Succession Act, 1925, ss. 59–70; Registration Act, 1908, ss. 18, 40–46
Legislative Department — central Acts
National Legal Services Authority — free legal advice
State registration departments (search your state's IGR portal) — registration fees and appointments