Indian Succession Act, 1925 – Will & Succession Law in India
The Indian Succession Act, 1925 governs a will under Indian Succession Act made by individuals belonging to the Hindu, Buddhist, Sikh, and Jain communities in India. Muslims are not governed by this Act; the disposal of their properties is governed exclusively by Muslim Personal Law.
NRI and PIO individuals are also permitted to execute a will if they own movable or immovable assets in India, such as bank accounts, fixed deposits, shares, securities, and mutual funds. The Act plays a vital role in regulating succession law in India.
Eligibility to Make a Will in India
Under the Indian Succession Act 1925, a person can make a valid will only if he or she is:
- The person is of sound mind
- The person is not a minor
Process to Execute a Will Under Indian Succession Act
The legal process to execute a will under Indian Succession Act includes the following requirements:
- The signature or mark of the testator must be placed clearly, showing the intention to give effect to the document as a will.
- The will must be attested by at least two witnesses.
- Each witness must have been present at the time of signing or marking of the will by the testator or by a person authorised by the testator.
- There is no prescribed form of attestation under the Act.
- All witnesses must sign the will in the presence of the testator, though it is not mandatory for all witnesses to be present at the same time.
- NRI and PIO individuals must be personally present in India during the execution of the will.
Property That Can Be Disposed of by a Will
As per succession law in India, a will may dispose of both movable and immovable properties. Movable properties include assets that can be transferred without damaging their nature, such as cash, bank balances, fixed deposits, shares, mutual funds, jewellery, vehicles, insurance proceeds, and business stock.
Immovable properties, on the other hand, refer to assets that are permanently attached to the earth. These include agricultural and non-agricultural land, residential flats, houses, bungalows, plots, shops, offices, commercial buildings, and rights attached to land such as easements. The Indian Succession Act permits the testator to freely dispose of such properties through a valid will.
Beneficiary of a Will
Under the Indian Succession Act 1925, any person or juristic entity can be a beneficiary of a will, including:
- A minor
- A person of unsound mind
- A corporation
- A Hindu deity
- Any other juristic person
Revocation of a Will
A will can be revoked in the following ways:
- By execution of a subsequent will
- By a written declaration expressing an intention to revoke the will
Once a will is revoked by any lawful means, it becomes non-operational.
Registration of a Will
- There is no specific time limit prescribed for the registration of a will in India.
- Registration of a will is not mandatory under the Indian Succession Act, 1925.
Wasiyat Under Muslim Law
A Will (Wasiyat under Muslim Law) is governed by the Muslim Personal Law (Shariat) Application Act, 1937, and not by the Indian Succession Act, 1925.
Key provisions relating to Wasiyat under Muslim law include:
- A Muslim of sound mind and majority age may dispose of property by will, effective after death.
- The bequest is restricted to one-third of the net estate.
- The remaining property devolves upon legal heirs as per Quranic succession.
- A bequest in favour of a legal heir is invalid unless all other heirs consent after the testator’s death.
- Consent given during the lifetime of the testator has no legal effect.
- A Muslim will may be oral or written.
- Registration and attestation are not compulsory, though proof may be required in case of dispute.
- Probate is generally not mandatory for Muslim wills unless specifically required by law or authority.
Probate of Will – Latest Gazette Notification
As per the Gazette Notification Registered No. DL—(N)04/0007/2003—25, probate of a will is not required, and Section 213 of the Indian Succession Act, 1925 has been omitted by the Central Government.
The detailed Gazette notification is attached at the link below.
