Will Drafting and Registration

Legal conditions for a valid will

• Under the Indian Succession Act, 1925, any adult of sound mind can make a will. The person must understand what property they own and who they are leaving it to at the time of signing.
• The will must be signed by the testator and attested by at least two witnesses, each of whom has seen the testator sign. The witnesses also sign in the presence of the testator.
• A witness who is a beneficiary, or the spouse of a beneficiary, generally loses the gift made to them under the will. Witnesses should be independent people.
• You can only give away property you own yourself, such as self-acquired property or your share in property. You cannot bequeath a coparcener's share of ancestral property beyond what the law treats as yours.
• Muslims are governed by their personal law, under which a bequest beyond one-third of the estate, or to an heir, generally needs the consent of the other heirs.
• A will can be changed or revoked any time during your life. A later will or a codicil replaces earlier wishes to the extent stated.

What affects the total cost

• No stamp duty is payable on a will in India, so it can be written on plain paper.
• A small registration fee is payable if you choose to register the will at the Sub-Registrar office.
• The number and type of assets, such as multiple properties, a business, foreign assets or conditional gifts, which make the drafting longer.
• Whether a medical fitness certificate from a doctor is needed, which is advisable for elderly or unwell testators.
• Travel or home-visit arrangements if the testator cannot come to the registration office.

How long it takes

The first private call to understand your family and assets can take an hour or more. The advocate then prepares a draft, usually within two or three working days. Most time is spent on revisions, because people often think of additional assets or change how they want to divide them. Signing with two witnesses can be done on any day. If you want registration, an appointment at the Sub-Registrar office has to be booked, and you and both witnesses must attend in person. Delays usually come from gathering property details, choosing an executor or arranging witnesses.

Common mistakes to avoid

• Using a beneficiary or their spouse as a witness, which can cancel that beneficiary's gift.
• Describing property loosely, such as 'my house', instead of giving the full address, plot number or account details.
• Not naming an executor, or naming someone much older who may not survive the testator.
• Leaving out a residuary clause, so property bought after the will or forgotten assets pass outside the will.
• Keeping the only original in a place no one knows about, so the family cannot find it after death.

What you get at the end

You receive the signed original will, and a registered copy if you chose registration. Tell the executor and one trusted family member where the original is kept. You can also deposit the will in a sealed cover with the Registrar under the Registration Act for safe custody. After your death, the executor uses the will to transfer bank accounts, investments and property, and may apply for probate where needed.

In Delhi NCR

• In Delhi, a will can be registered at the Sub-Registrar office of the area where the testator lives or where the property is situated, after booking an online appointment.
• Probate is not compulsory for Hindus in Delhi, but banks, the DDA or housing societies sometimes ask for probate or letters of administration before transferring large assets. Probate petitions are heard by the Delhi High Court or the district court depending on the value of the estate.
• For DDA leasehold properties, the will is used later for mutation in DDA records, so the property description should match the DDA lease or conveyance deed exactly.
• Wills involving property in Gurugram or Noida follow the same central law, but mutation is done in Haryana or Uttar Pradesh records, which have their own forms.
• Outside Delhi NCR, the advocate can take your instructions online and send the draft, and the team can guide you on signing and registration locally where possible.