- The Act governs wills for most Indians and intestate succession for Christians and Parsis.
- A valid will must be signed by the testator and attested by two witnesses under Section 63.
- An NRI can sign a will abroad for Indian property if the Indian formalities are met.
- Registration of a will is optional, and probate is no longer compulsory in Mumbai, Kolkata and Chennai after 2025.
On this page
Who does the Indian Succession Act 1925 apply to?
| Community | Wills | Inheritance without a will |
|---|---|---|
| Hindus, Sikhs, Jains, Buddhists | Indian Succession Act (via Section 30, Hindu Succession Act) | Hindu Succession Act, 1956 |
| Christians | Indian Succession Act | Indian Succession Act |
| Parsis | Indian Succession Act | Indian Succession Act, special Parsi chapter |
| Muslims | Muslim personal law (wasiyat) | Muslim personal law |
What makes a will valid under Section 63?
- The testator is an adult of sound mind.
- The testator signs or puts a mark on the will, or someone signs at their direction in their presence.
- Two or more witnesses attest it, each having seen the testator sign or received the testator's acknowledgment.
- Each witness signs in the testator's presence.
The person relying on the will must prove it was duly executed; where suspicious circumstances exist, such as the main beneficiary arranging the will, the courts expect them to be explained.
Can an NRI sign a will abroad for Indian property?
Yes. There is no rule that a will must be signed in India. A will signed abroad is valid for Indian immovable property if it meets the Indian formalities: the testator's signature and two attesting witnesses. Keep the witnesses' details, since they may be needed to prove the will later. For movable property, the law of the testator's domicile can also matter.
How is a will revoked or changed?
A will can be revoked by a later will or codicil, by a written declaration executed like a will, or by the testator burning, tearing or otherwise destroying it with the intention of revoking it. A codicil adds to or changes part of a will and must be executed with the same formalities. See codicil drafting.
Is probate still required after 2025?
Section 213, which made probate compulsory for certain wills in Mumbai, Kolkata and Chennai, was omitted in 2025. Probate is now optional everywhere, though still useful when a will may be disputed or institutions ask for it. See probate of will.
Wasiyat under Muslim law
A Muslim can bequeath up to one-third of the estate by wasiyat; more than that, or a bequest to an heir, needs the consent of the other heirs after death. The rest passes by the fixed shares of Muslim law.
What to do next
If you are making a will, write it clearly, describe assets properly and choose witnesses who will be available later. Our fixed-fee will drafting handles this. For inheritance without a will, see who inherits.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
