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Family & succession

Wills and probate in India

How a valid will is made, whether it needs to be registered, what probate is, and what changed in December 2025 when compulsory probate was abolished.

Reviewed by ZiyanaUpdated 6 min read

In short

  • Any adult of sound mind can make a will. Under section 63 of the Indian Succession Act, 1925, it must be signed by the person making it and attested by at least two witnesses.
  • Registering a will is optional. Courts have said registration alone doesn't prove a will is valid.
  • Probate is a court's certificate that a will is genuine and that the executor can act on it.
  • Until December 2025, section 213 made probate compulsory for certain wills of Hindus, Buddhists, Sikhs, Jains and Parsis connected with Kolkata, Chennai and Mumbai. The Repealing and Amending Act, 2025 removed section 213, so that requirement no longer applies. People can still choose to apply for probate.
  • A will can be challenged, for example for improper execution, fraud, coercion or suspicious circumstances.

Reviewed by

  • Approved ·

    Practises banking and civil disputes

    Reviewed this guide for accuracy against the sources listed below.

02What the law says

Making a will. Under the Indian Succession Act, 1925, every person of sound mind who isn't a minor can dispose of their property by will. Section 63 sets the rules for an ordinary will. The person making it (the testator) must sign it or put their mark on it, or someone else must sign in their presence and by their direction. Two or more witnesses must each see the testator sign, or get the testator's personal acknowledgment of the signature, and each witness must sign in the testator's presence. No particular form of words is needed. A will can be changed or revoked at any time while the maker is competent to make a will. A will caused by fraud or coercion is void. For Hindus, Buddhists, Sikhs and Jains, marriage doesn't revoke an earlier will.

Registration. Under section 18 of the Registration Act, 1908, registering a will is optional. In September 2025, the Supreme Court repeated that the mere fact a will was registered doesn't make it valid.

Proving a will. A will is a document that must be attested by law. Under section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced section 68 of the Evidence Act from 1 July 2024), at least one attesting witness must be called to prove it, if one is alive and able to give evidence. If there are suspicious circumstances, the person relying on the will has to explain them.

Probate after December 2025. Section 213 of the Indian Succession Act used to say that no right as executor or legatee could be established in court without probate. It applied only to certain wills of Hindus, Buddhists, Sikhs, Jains and Parsis made within, or about immovable property within, the old Bengal territories and the original civil jurisdiction of the Madras and Bombay High Courts. The Repealing and Amending Act, 2025 (Act No. 37 of 2025, dated 20 December 2025) omitted section 213. It also amended section 370. The Act has a savings clause for things already done and for rights and proceedings that already existed. Probate and letters of administration can still be applied for under the Act, and courts can still revoke a grant "for just cause".

03Where you can go

  1. Sub-Registrar's office. To register a will (optional) under the Registration Act.
  2. District Court, or a High Court with concurrent jurisdiction. To apply for probate or letters of administration, or to object to a grant.
  3. Civil court. For a suit about a will's validity or about the property.
  4. District Legal Services Authority (DLSA). Free legal aid for eligible people.

04How it usually works

  1. 01

    The testator writes the will, describing the property and the beneficiaries, and often names an executor.

  2. 02

    The testator signs in front of two witnesses, who each sign in the testator's presence. Many people choose witnesses who aren't beneficiaries.

  3. 03

    The will can be kept safely or registered with the Sub-Registrar.

  4. 04

    After death, the executor or beneficiaries use the will to deal with banks, land records and other institutions. Some may ask for probate even though it's no longer compulsory.

  5. 05

    For probate, a petition goes to the District Court with the original will, details of the death and the assets. Notice is given to the family, and anyone can object.

  6. 06

    If someone disputes the will, the court decides whether it was validly made, usually by hearing an attesting witness.

05Time limits

  • The Indian Succession Act doesn't set a specific deadline for applying for probate. Whether a time limit applies to a particular petition or challenge is a question for an advocate.

06Documents to gather

  • The original will (and any codicils)
  • Death certificate of the testator
  • Names and addresses of the attesting witnesses
  • Details of the property and assets covered
  • Family details of the testator (legal heirs)
  • Any registration receipt, if the will was registered

07Common questions

The Indian Succession Act doesn't require any particular form for an ordinary will. What matters is that it's signed and attested as section 63 requires.

The legal requirement in section 213 was removed by the Repealing and Amending Act, 2025. Probate is now optional, though some institutions may still ask for it. The effect on cases started before the change depends on the facts.

This raises special issues and can affect the gift to that person. People usually choose independent witnesses. How this applies to a particular will is a question for an advocate.

Common grounds include improper signing or attestation, lack of sound mind, fraud, coercion, or unexplained suspicious circumstances. A challenge can be raised by objecting in probate proceedings or in a civil suit.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • Does my draft will meet section 63, and are my witnesses suitable?
  • Is there any advantage in registering the will or applying for probate in my case?
  • Does any of my property (for example, joint family property) have limits on what I can leave by will?
  • If someone challenges the will, what evidence will be needed?

09Sources

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This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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