How to Get a Will Registered in India — Process, Format, Documents & Cost

A will (also called a testament) is one of the most important legal documents a person can create. It ensures that your property and assets are distributed according to your wishes after your death. While registration of a will is not mandatory in India, getting it registered at the sub-registrar's office adds significant legal weight and reduces the chances of disputes among heirs.

This guide covers everything you need to know — the legal framework, types of wills, registration process, required documents, cost, and more.

What Is a Will?

A will is a legal declaration by which a person (called the testator) expresses their wishes regarding how their property and assets should be distributed after their death. In India, wills are primarily governed by the Indian Succession Act, 1925 (Sections 57–191).

Key characteristics of a valid will:

• It takes effect only after the death of the testator
• It can be revoked or modified at any time during the testator's lifetime
• The testator must be of sound mind and not acting under coercion, undue influence, or fraud
• There is no requirement for stamp paper — a will can be written on plain paper

Who Can Make a Will in India?

Under Section 59 of the Indian Succession Act, 1925, any person who is:

• Above 18 years of age (age of majority under the Indian Majority Act, 1875)
• Of sound mind at the time of making the will
• Not making the will under coercion, fraud, or undue influence

can make a valid will. A person who is deaf, dumb, or blind can also make a will, provided they understand what they are doing.

Note: Muslim personal law has separate rules regarding testamentary succession. Under Muslim law, a person can bequeath only up to one-third of their property through a will (wasiyat), and not in favour of a legal heir without the consent of other heirs.

Types of Wills in India

1. Unprivileged Will (Section 63)

This is the standard type of will applicable to most people. Requirements:

• Must be signed or marked by the testator (or by another person in the testator's presence and direction)
• Must be attested by two or more witnesses, each of whom must see the testator sign
• No specific format is prescribed — it can be handwritten or typed

2. Privileged Will (Section 66)

A privileged will can be made by:

• Members of the armed forces engaged in actual warfare
• Mariners at sea

Privileged wills have relaxed requirements — they can be oral, unsigned, or attested by only one witness. They are valid even without strict compliance with Section 63.

Is Will Registration Mandatory in India?

No. Registration of a will is not compulsory under Indian law. An unregistered will, if it meets the requirements of Section 63 (signed by testator, attested by two witnesses), is perfectly valid.

However, registration is highly advisable because:

• A registered will is kept in the safe custody of the sub-registrar's office
• It carries a presumption of authenticity in court
• It significantly reduces the scope for challenges on grounds of forgery, fraud, or undue influence
• It serves as strong evidence if the will is contested after the testator's death

Registration of a will is governed by Section 18 of the Registration Act, 1908, which lists wills under documents whose registration is optional.

Step-by-Step Process to Register a Will in India

Step 1: Draft the Will

Prepare the will document. It should clearly mention:

• Full name, age, and address of the testator
• A declaration that the testator is of sound mind and acting voluntarily
• Details of all assets and properties being bequeathed
• Names and details of beneficiaries and their respective shares
• Appointment of an executor (person who will carry out the will)
• Date and place of execution

You can draft it yourself or take the help of a lawyer. No stamp paper is required — plain paper is sufficient.

Step 2: Sign in the Presence of Witnesses

The testator must sign (or affix a thumb impression) on the will in the presence of at least two witnesses. The witnesses must also sign the will. Witnesses should ideally be persons who are:

• Not beneficiaries under the will
• Of sound mind and above 18 years of age
• Available to testify if the will is challenged later

Step 3: Visit the Sub-Registrar's Office

The testator must personally visit the office of the Sub-Registrar (under the jurisdiction where the testator resides) along with the two witnesses. Key points:

• The testator must appear in person — registration by power of attorney is generally not permitted for wills
• The sub-registrar will verify the identity of the testator and witnesses
• The sub-registrar will satisfy themselves that the testator is of sound mind and acting voluntarily

Step 4: Submit Documents and Pay Fees

Submit the required documents (listed below) along with the applicable registration fee. The sub-registrar will:

• Record the will in the official register (Book No. 3 — Register of Wills and Authorities to Adopt)
• Return the original will to the testator after registration
• Keep a certified copy in the office records

Step 5: Receive the Registered Will

After registration, the original will is returned to the testator with an endorsement from the sub-registrar. A copy is retained by the registrar's office for safe custody.

Documents Required for Will Registration

Cost of Will Registration in India

The cost of registering a will is minimal:

• Registration fee: Varies by state, typically ₹200 to ₹1,000
• Stamp duty: Most states require nil or nominal stamp duty for will registration. In some states like Maharashtra, stamp duty of ₹200 applies.
• Lawyer's fee: If you engage a lawyer to draft the will, expect ₹1,000 to ₹5,000 depending on complexity and location

Important: Unlike property sale deeds, wills do not attract ad valorem (percentage-based) stamp duty. The cost is fixed and minimal.

Will Format — Key Sections to Include

While no rigid format is prescribed by law, a well-drafted will typically includes:

1. Title: "Last Will and Testament of [Full Name]"
2. Declaration: Statement of sound mind, voluntary action, and revocation of all previous wills
3. Details of family members: Spouse, children, dependents
4. List of assets: Immovable property, bank accounts, investments, jewellery, vehicles, etc.
5. Bequests: Who gets what — clear and unambiguous
6. Residuary clause: Distribution of any assets not specifically mentioned
7. Executor appointment: Name and details of the executor
8. Signatures: Testator's signature with date, followed by witnesses' signatures with their names and addresses

Codicil — Amending a Will

A codicil is a supplementary document that modifies, adds to, or partially revokes an existing will. Under Section 2(b) of the Indian Succession Act:

• A codicil must be executed with the same formalities as a will (signed, attested by two witnesses)
• It can be registered separately
• Multiple codicils can be attached to a single will

If the changes are extensive, it is advisable to revoke the old will entirely and execute a fresh one.

Revocation of a Will

A will can be revoked at any time during the testator's lifetime. Under Sections 62 and 70 of the Indian Succession Act, revocation can happen by:

• Making a new will that expressly revokes all previous wills
• Burning, tearing, or destroying the will with the intention of revoking it
• A registered will can also be revoked — the revocation should ideally be registered as well

Probate of a Will

Probate is a certificate issued by a competent court (usually the District Court or High Court) confirming that the will is valid and the executor is authorized to act. Key points:

• Probate is mandatory in the presidency towns of Mumbai, Kolkata, and Chennai for all wills
• In other areas, probate is required only for wills made by Hindus, Buddhists, Sikhs, and Jains in certain situations
• The executor or beneficiary applies for probate by filing a petition along with the original will, death certificate of the testator, and other supporting documents
• Probate proceedings can take 6 months to 2 years depending on the court

For cases where a person dies without a will (intestate), legal heirs may need a succession certificate or legal heir certificate to claim the deceased's assets.

Online Will Registration

Some states have introduced online appointment and e-registration facilities through their respective Inspector General of Registration and Stamps (IGRS) portals:

• Uttar Pradesh: igrsup.gov.in
• Rajasthan: igrs.rajasthan.gov.in
• Maharashtra: igrmaharashtra.gov.in
• Karnataka: kaveri.karnataka.gov.in

However, even with online booking, the testator must appear in person at the sub-registrar's office for identity verification and final registration.

Safe Custody of a Will

Under Section 42 of the Registration Act, any person can deposit their will in a sealed cover with the registrar for safe custody. This is separate from registration and offers an additional layer of protection:

• The sealed will is kept unopened in the registrar's custody
• It can be withdrawn by the testator at any time during their lifetime
• After the testator's death, it can be opened only on application by an interested party
• A nominal fee (typically ₹100–₹500) is charged for safe custody

Related Guides

• How to Apply for Succession Certificate Online
• Legal Heir Certificate — Application Process
• Property Registration Online in India
• Power of Attorney Registration in India

Frequently Asked Questions

Is it compulsory to register a will in India?

No. Registration of a will is optional under Indian law. An unregistered will that is properly signed and attested by two witnesses is legally valid. However, registration is strongly recommended as it adds authenticity and reduces the risk of disputes.

Can a will be written on plain paper?

Yes. There is no requirement to use stamp paper for a will in India. A will written on plain paper, duly signed by the testator and attested by two witnesses, is perfectly valid.

How many witnesses are needed for a will?

A minimum of two witnesses are required for an unprivileged will under Section 63 of the Indian Succession Act. The witnesses should ideally not be beneficiaries under the will.

Can a registered will be challenged in court?

Yes, a registered will can be challenged on grounds such as unsoundness of mind of the testator, forgery, fraud, coercion, or undue influence. However, the burden of proof is on the person challenging the will, and registration makes it significantly harder to succeed.

What happens if a person dies without making a will?

If a person dies intestate (without a will), their property is distributed according to the personal law applicable to them — the Hindu Succession Act for Hindus, Indian Succession Act for Christians and Parsis, and Muslim personal law for Muslims. Heirs may need to obtain a succession certificate or legal heir certificate.

Can a will be made for ancestral property?

A Hindu can make a will only for their self-acquired property and their share in coparcenary property (after the 2005 amendment to the Hindu Succession Act). Ancestral property that has not been partitioned cannot be bequeathed entirely by one coparcener.

Can an NRI register a will in India?

Yes. An NRI can make and register a will in India for their Indian assets. They must visit the sub-registrar's office in person, or alternatively, execute the will abroad and get it registered in India through proper legal channels. The will must comply with Indian law for Indian properties.