Will registration in India — is it compulsory? Registered vs unregistered will, witnesses, probate (2026)
How to make a valid will in India: registration is optional (Registration Act, Section 18), what makes a will valid (Indian Succession Act, Sections 59 and 63 — signature and two attesting witnesses), why people still register or deposit a will, and the 2025 change that made probate optional in Mumbai, Kolkata and Chennai (Section 213 omitted). Educational only — not legal advice.
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Short answer: registration is optional
Registering a will is not compulsory in India (Section 18 of the Registration Act, 1908). An unregistered will is fully valid if it is properly made. Registration mainly gives stronger proof of genuineness and a safe official copy — a registered will can still be challenged, for example on the ground of undue influence or unsound mind.
What makes a will valid
The person making it (testator) must be an adult of sound mind (Section 59, Indian Succession Act, 1925). For Hindus, Sikhs, Jains, Buddhists, Christians and Parsis, the will must be signed (or thumb-marked) by the testator and attested by at least two witnesses who saw the testator sign (Section 63). No stamp paper is needed — a will can be handwritten or typed on plain paper. Avoid beneficiaries as witnesses: a gift to an attesting witness or their spouse is void, though the rest of the will survives (Section 67).
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Write in Hindi or English · general guidance, not legal advice
What to write
Your full name, address and a statement that you revoke earlier wills; a clear list of properties (with addresses, survey/khasra numbers, account or folio numbers); who gets what; an executor; the date and place; your signature on every page; and the witnesses’ names, addresses and signatures. Unclear descriptions are the most common reason for family disputes later.
How to register a will (if you choose to)
Visit the Sub-Registrar office with the original will, your ID and photographs, and the two witnesses with their IDs. You must appear in person. A will can be presented for registration at any time — there is no deadline (Section 27, Registration Act). Fees are nominal and fixed by each state. Alternatively, you can deposit the will in a sealed cover with the Registrar (Section 42) so it stays confidential until needed.
Changing or cancelling a will
You can change a will any number of times during your life, by a new will or a codicil executed with the same formalities. The latest valid will prevails — a registered will can be revoked by a later unregistered will that is properly signed and witnessed.
Probate — the 2025 change
Earlier, Section 213 of the Indian Succession Act made probate compulsory for certain wills made in, or dealing with immovable property in, Mumbai, Kolkata and Chennai. The Repealing and Amending Act, 2025 (in force from 20 December 2025) omitted Section 213, so probate is no longer mandatory there. It is still available, and banks, housing societies or authorities may still ask for probate or a succession certificate in some cases; contested wills still go to court. Pending proceedings continue under the old law.
Proving a will later
If a will is disputed, at least one attesting witness must usually be examined in court to prove it, if alive (Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 — old Section 68 of the Evidence Act). This applies even to a registered will, so choose witnesses who are likely to be available. For elderly testators, many families also keep a doctor’s note on mental fitness and a short video of the signing.
Muslims and nominations
Wills of Muslims are governed by Muslim personal law: generally up to one-third of the estate can be bequeathed without the heirs’ consent, and the Section 63 formalities do not apply. Separately, being a nominee in a bank account or policy does not by itself make the nominee the owner — nominees often receive the money on behalf of the legal heirs or will beneficiaries.
How Adhiwakta can help
Adhiwakta is a facilitation platform, not a law firm; we do not draft or register wills and cannot guarantee any outcome. Use Ask Adhiwakta (Property/Family) for general guidance from an independent advocate, or read our guides on succession certificates and property mutation.
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Frequently asked questions
- Is it compulsory to register a will in India?
- No. Registration of a will is optional under Section 18 of the Registration Act, 1908. An unregistered will is valid if it is signed by the testator and attested by at least two witnesses (Section 63, Indian Succession Act).
- Is probate still compulsory in Mumbai, Kolkata and Chennai?
- No. The Repealing and Amending Act, 2025, in force from 20 December 2025, omitted Section 213 of the Indian Succession Act, so probate is now optional. Some institutions may still ask for it, and contested wills still go to court.
- Does a will need stamp paper?
- No stamp duty is payable on a will. It can be handwritten or typed on plain paper, as long as it is properly signed and witnessed.
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