वसीयत कैसे लिखें और रजिस्टर कराएँ
At a glance
- Law
- Indian Succession Act, 1925 (Ss. 59, 63) · Registration Act, 1908 (S. 18)
- Who
- Any adult of sound mind
- Where
- Sub-Registrar's office (registration optional)
- Time
- 1–7 days
What it is
A will is a written declaration of a person's wishes about how his or her property should pass after death. It takes effect only on death and can be changed or revoked at any time during life (Section 62, Indian Succession Act, 1925). A clear, properly executed will is the simplest way to prevent family disputes over property.
Who can make a will (Section 59)
Any person of sound mind who is not a minor. A person suffering from illness may make a will during a lucid interval, if he or she understands what is being done.
What property can be willed
- Self-acquired property, in full.
- A Hindu's undivided share in joint family (coparcenary) property (Section 30, Hindu Succession Act, 1956).
- A Muslim may ordinarily bequeath not more than one-third of the estate to non-heirs, unless the heirs consent after death.
Step-by-step process
- 1
List the assets
Land (with khata, khesra and area), house, bank accounts, investments, ornaments and vehicles.
- 2
Decide the beneficiaries
Decide what each beneficiary should receive, and whether any person is being intentionally left out.
- 3
Appoint an executor
A trusted person who will carry out the will.
- 4
Drafting
The will is drafted in clear language with full descriptions of the property and the beneficiaries, and a clause revoking all earlier wills.
- 5
ExecutionSection 63
The testator signs (or puts a thumb impression) at the end of the will in the presence of two attesting witnesses, who then sign in the presence of the testator.
- 6
Registration (optional)Sections 18, 42
The will may be registered at the Sub-Registrar's office under Section 18 of the Registration Act, 1908. The testator must appear in person with the witnesses. Alternatively, it may be deposited in a sealed cover with the Registrar (Section 42).
- 7
Safe keeping
The original is kept safely and the executor is told where it is.
Documents required
Checklist · 4 items- Identity and address proof of the testator and of both witnesses
- Passport-size photographs of the testator
- Details or copies of property documents: sale deeds, khatiyan or jamabandi, bank and investment details
- Medical fitness certificate from a doctor on the date of execution, strongly advisable where the testator is elderly or ill
Time usually taken
1 to 7 days for drafting, execution and registration
Ordinarily one to seven days for drafting, execution and registration.
Points to remember
- 01A beneficiary, or the spouse of a beneficiary, should not be an attesting witness. A bequest to an attesting witness is void (Section 67, Indian Succession Act), though the will itself remains valid.
- 02Registration is not compulsory, but a registered will is far harder to challenge as forged.
- 03Video-recording the execution and keeping a doctor's certificate help greatly if the will is later disputed on grounds of health or undue influence.
- 04A later will automatically supersedes an earlier one to the extent of conflict. Making a fresh will is simpler than amending by codicil.
Frequently asked questions
Is registration of a will compulsory?
No. Registration is not compulsory, but a registered will is far harder to challenge as forged.
How many witnesses does a will need?
Two. Under Section 63 of the Indian Succession Act, the testator signs in the presence of two attesting witnesses, who then sign in the presence of the testator.
Can a beneficiary sign as a witness to a will?
A beneficiary, or the spouse of a beneficiary, should not be an attesting witness. A bequest to an attesting witness is void (Section 67), though the will itself remains valid.
Can a will be changed after it is made?
Yes. A will can be changed or revoked at any time during life. A later will supersedes an earlier one to the extent of conflict, and making a fresh will is simpler than amending by codicil.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation