Writing a will is one of the kindest things you can do for your family, and one of the most put off. After a death, families face a different set of questions: does the will need probate, what is a succession certificate, why does the bank pay the nominee, and what can be done about a will that cuts out a child? This guide explains, in plain words, how to make a will that holds up, what changed in 2025 when compulsory probate was abolished, who inherits when there is no will, and how will disputes are decided. When you are ready, describe your matter in the form and an enrolled advocate who handles wills and succession can call you. It is free for clients.
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Most families think about a will only twice: once, vaguely, when someone says "we should get this sorted", and again after a death, when the bank asks for a succession certificate, the society secretary wants a no-objection from every heir, and a brother who lives abroad says he never agreed to anything. A lawyer who handles wills and succession works at both ends of that story. Before a death, the work is planning: understanding what you own, how it is held, who depends on you, and writing a document that will survive scrutiny. After a death, the work is transfer and, sometimes, dispute: proving the will, getting probate or a certificate where it is needed, moving property into the right names, and defending or challenging a will in court.
The value of a lawyer is not in the format of the document. Templates are everywhere. The value is in spotting the points a template cannot see: that a flat is still in the builder's name, that a piece of land is ancestral and not self-acquired, that a second marriage changes who the legal heirs are, that a property in Goa follows a different law, that a business partnership deed has its own clause on death, or that the person most likely to contest the will is the one who should be told about it now. Good advice at the drafting stage is far cheaper than years of litigation afterwards.
Simple and complex wills, codicils, wills for NRIs, wills for people with a disabled child, and wills that set up a trust or appoint a guardian.
Arranging proper signing and attestation, a medical certificate where age or health is a concern, video recording, and registration or sealed deposit with the registrar.
Probate petitions, letters of administration, succession certificates and transmission of shares, deposits and property after a death.
Filing caveats, contesting suspicious wills, defending a genuine will, and suits for partition, declaration and injunction over the estate.
Working out who the legal heirs are and their shares when there is no will, and getting the documents that banks and authorities ask for.
Gift deeds, family settlements, relinquishment deeds and trusts, compared honestly with a will so you choose the right tool.
The legal requirements for a will are simple. What takes care is getting the facts right and executing the document in a way that is hard to attack later.
Our will drafting service handles the drafting and registration for a fixed quoted fee, and an advocate can review a draft you have already written.
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| Matter | Typical situation | Where it is decided |
|---|---|---|
| Drafting a will | Parents wanting to divide a house and savings among children, a couple with no children, a person with a second family | No court involved; registration at the sub-registrar is optional |
| Probate | An executor needs a court seal on the will to deal with banks, a housing society or a buyer, or a dispute is expected | District Judge, or the High Court's original side in some cities |
| Letters of administration | No executor is named, the executor refuses, or a Christian or Parsi dies without a will | District Judge or High Court |
| Succession certificate | A person died without a will leaving bank deposits, shares or other debts and securities | Civil court of the district where the deceased lived |
| Legal heir certificate | Family needs proof of heirs for pension, government dues, electricity or utility transfers | Tehsildar or revenue office |
| Will challenge | A will cuts out a child or spouse, appeared suddenly, or was made in serious illness | Probate court, or a civil suit for declaration |
| Partition of inherited property | Heirs cannot agree on dividing a house or land | Civil court, or a family settlement |
Many matters cross over into property law. Our property lawyer guide covers title, partition and possession in more depth, and the family lawyer guide covers maintenance claims that can arise against an estate.
India does not have one inheritance law. Which rules apply depends mainly on the religion of the person who died, and sometimes on where the property is. Getting this right is the first thing an advocate checks, because it decides who the heirs are, how much can be left by will, and whether some formalities apply at all.
| Person | Making a will | If there is no will |
|---|---|---|
| Hindu, Buddhist, Sikh, Jain | Indian Succession Act, 1925 (Part VI, through Section 57 and Schedule III); Section 30 of the Hindu Succession Act allows the whole of one's property to be left by will | Hindu Succession Act, 1956 |
| Christian | Indian Succession Act, 1925 | Indian Succession Act, 1925 (Sections 31 to 49) |
| Parsi | Indian Succession Act, 1925 | Indian Succession Act, 1925 (Sections 50 to 56) |
| Muslim | Muslim personal law; the Indian Succession Act's will provisions do not apply | Muslim personal law, which differs between Sunni and Shia schools |
| Marriage under the Special Marriage Act | Indian Succession Act, 1925 | Indian Succession Act, unless both spouses are Hindus, in which case the Hindu Succession Act can apply |
| Property in Goa | The Goa succession law, which reserves part of the estate for certain heirs | The Goa succession law |
The Indian Succession Act sets out a short list of requirements. Most will disputes are not about these formal rules being broken outright; they are about whether they were truly followed, or whether the person really understood what they were signing.
Under Section 59, any person of sound mind who is not a minor can make a will. A minor is someone under eighteen. A person who is ordinarily unsound in mind can make a will during a lucid interval. A will made while the person was so ill, intoxicated or confused that they did not know what they were doing is invalid. Married women can make wills of their own property, and deaf, mute or blind people can make wills if they understand what they are doing. For a blind or illiterate testator, the will should record that it was read over and explained to them in a language they understand, by someone who is not a beneficiary.
Section 63 requires three things for an ordinary will:
The witnesses do not need to read the will or know what is in it. They are confirming the signing, not the contents.
Under Section 61, a will or any part of it obtained by fraud, coercion, or such pressure that it takes away the testator's free choice is void. A bequest to an attesting witness, or to the witness's spouse, is void under Section 67, though the rest of the will stands and the witness's evidence is still valid. A bequest that depends on an impossible or illegal condition can fail. And a will cannot dispose of property the person did not own, such as a flat already gifted away during their lifetime.
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People are often surprised to learn how much freedom Indian law gives, and in which cases it gives very little.
Even where the law allows complete freedom, dependants are not left without remedy. Under the Hindu Adoptions and Maintenance Act, the heirs of a deceased Hindu are bound to maintain the deceased's dependants out of the estate they inherit, and a dependant can enforce this against the property. Cutting out a dependent wife or a disabled child entirely invites both a maintenance claim and a challenge to the will.
Registration is optional. An unregistered will that is properly signed and witnessed is just as valid as a registered one. But registration offers practical advantages, and it is usually worth doing for a will that leaves property unevenly or cuts someone out.
The testator goes to the sub-registrar's office with the original will, identity proof, photographs and the two witnesses, who also carry identity proof. Several states now let you book a slot and upload details online first. The testator admits execution before the sub-registrar, and the will is registered and returned. Registration can be done at any time during the testator's lifetime, and after death it can still be registered on presentation by a person claiming under it, subject to the sub-registrar being satisfied about execution.
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Probate is a copy of the will certified under the seal of a competent court, with a grant of administration of the estate to the executor. It is the court's confirmation that the will was validly made and is the testator's last will. A probate grant binds everyone, not just the parties in a case, which is why it is so useful when the estate is large or a dispute is likely.
For nearly a century, Section 213 of the Indian Succession Act said that no right as executor or legatee could be established in court unless probate had been obtained. Because of the way it combined with Section 57, this rule bit hardest on Hindus, Buddhists, Sikhs and Jains whose wills were made within the old presidency areas of Bengal, Madras and Bombay, or concerned immovable property there. In practice, families in Mumbai, Kolkata and Chennai had to go through probate while families elsewhere usually did not. The Repealing and Amending Act, 2025, which received assent in December 2025, omitted Section 213. Probate is now not a legal precondition anywhere in India for enforcing rights under a will.
Where every legal heir accepts the will and signs consent affidavits, and the institutions holding the assets accept a will without probate, the family can often avoid court altogether. Where there is any sign of dispute, probate remains the cleanest route.
If someone files an objection, the petition is converted into a regular suit under Section 295 and is tried like any other civil case, with pleadings, issues and evidence. An uncontested petition may conclude in several months, depending on the court; a contested one can take years.
A probate petition is governed by Article 137 of the Limitation Act, which gives three years from when the right to apply accrues. Courts have held that this right arises when the need for probate arises, not necessarily at the date of death, and that delay alone is not fatal where it is explained. Still, delay invites questions, so apply promptly once the decision is made.
Families are often sent from office to office for "the certificate", without anyone explaining which one is needed or why. They are different documents for different purposes.
| Document | When it is used | Who issues it | What it covers |
|---|---|---|---|
| Probate | There is a will and it names an executor | District Judge or High Court | The whole estate under the will |
| Letters of administration with the will annexed | There is a will but no executor, or the executor has died or refuses to act | District Judge or High Court | The whole estate under the will |
| Letters of administration | No will, mainly for Christians and Parsis, or where the family wants full authority over the estate | District Judge or High Court | The whole estate under the intestacy rules |
| Succession certificate | No will, and the family needs to collect debts and securities such as bank deposits, shares, bonds and mutual funds | Civil court of the district where the deceased lived | Only the debts and securities listed in it; not land or buildings |
| Legal heir certificate | Pension, gratuity, government dues, utility connections and smaller transfers | Tehsildar or revenue authority | Identifies the legal heirs; does not decide title to property |
A succession certificate is granted under Section 372 of the Indian Succession Act after notice to the other heirs and a public notice. The court may ask for a security bond. The certificate does not finally decide who owns the money; it allows the holder to collect it and give the payer a valid discharge, and anyone with a better right can still claim it from the holder. Our succession certificate service and legal heir certificate service explain the documents each needs.
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An executor is the person named in the will to carry it out. Being named is an honour and a responsibility, and an executor can decline before accepting the role. Under Section 211, the estate vests in the executor from the death, for the purpose of administering it; probate confirms that authority to the outside world.
An executor who acts honestly and carefully is protected. One who misuses estate property, delays without reason or refuses to account can be removed, and the grant can be revoked by the court for just cause under Section 263. If you are named as executor and family members are already hostile, take advice before you start.
A will can be challenged by anyone who would inherit if the will did not exist, or who would receive more under an earlier will. The challenge is usually raised by objecting to a probate petition, or by filing a civil suit for a declaration that the will is not genuine, often combined with a claim for partition.
| Ground | What it means | Evidence that helps |
|---|---|---|
| Improper execution | The will was not signed or witnessed as Section 63 requires | Cross-examination of the attesting witnesses; inconsistencies in their accounts of the signing |
| Lack of sound mind | The testator did not understand what they owned, who their family was, or what the will did | Medical records, hospital admissions, prescriptions, doctors' evidence, the testator's conduct around that time |
| Undue influence or coercion | Someone overpowered the testator's free will, through pressure, dependence or threats | Who arranged the will, who was present, whether the testator was isolated or dependent on the beneficiary |
| Fraud | The testator was deceived about what they were signing or about facts that drove the will | Contradictions between the will and the testator's known wishes or other documents |
| Forgery | The signature is not the testator's at all | Handwriting expert's report, comparison with admitted signatures, forensic examination of paper and ink |
| Revocation | A later will or the testator's act revoked this will | The later will, evidence of destruction with the intention to revoke |
A challenge is not a way to rewrite a will that is merely unfair. A parent may leave more to one child, or nothing to another, for reasons the court will not second-guess, so long as the will is genuine and was made freely by someone who understood it.
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The law on proving wills has been shaped by a line of Supreme Court decisions starting with H. Venkatachala Iyengar v. B.N. Thimmajamma (1959). The person relying on the will, called the propounder, must prove that the testator signed it, understood it, and made it freely. Where the circumstances around the will raise legitimate suspicion, the propounder must also remove that suspicion to the court's satisfaction. If they cannot, the will fails, even if the signature is genuine.
In Jaswant Kaur v. Amrit Kaur (1977) and many later cases, the Court has said the conscience of the court must be satisfied. In Kavita Kanwar v. Pamela Mehta (2020), it upheld the rejection of a will where the propounder had been closely involved and unexplained circumstances remained. In Meena Pradhan v. Kamla Pradhan (2023), the Court collected the principles: the propounder must prove execution, the testator's sound and disposing mind, and free will, and must explain any suspicious circumstances, while the person alleging fraud or undue influence must prove it.
A will is a document that the law requires to be attested. Under Section 67 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 68 of the Evidence Act, it cannot be used as evidence until at least one attesting witness has been called to prove its execution, if a witness is alive, within the court's reach and capable of giving evidence. If the attesting witness denies or does not remember the execution, it can be proved by other evidence. If both witnesses have died, their handwriting and the testator's signature can be proved by people familiar with them. This is why choosing younger, reachable witnesses, and recording their full addresses, matters so much.
Will disputes are among the slowest civil cases in India, and they damage families deeply. Mediation and family settlements resolve many of them. Courts generally encourage settlement, and a written family arrangement signed by all heirs can be recorded in the case and acted on.
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A will speaks only from death. Until then it can be changed or cancelled as often as the testator likes, and no promise in it binds the testator during their lifetime.
Most Indians die without a will. The law then decides the heirs and their shares, based on the personal law of the person who died. The rules below are a summary; family situations such as second marriages, adopted children, predeceased children and children born outside marriage need individual advice.
Under Section 8 of the Hindu Succession Act, the property of a Hindu man who dies without a will goes first to his Class I heirs, all of whom take together and at the same time:
The widow (or all widows together), the mother and each child take one equal share each, and the branch of a predeceased child takes that child's one share. If there is no Class I heir, the property goes to Class II heirs, starting with the father, then siblings and their children, and so on in the order listed in the Act. Only if there are none does it go to more distant relatives, and finally to the government.
Under Section 14, property a Hindu woman holds is her absolute property. Section 15 sets out who inherits it if she dies without a will: first her children (including children of a predeceased child) and her husband; then her husband's heirs; then her mother and father. There are two special rules. Property she inherited from her own father or mother goes, if she has no children, to her father's heirs rather than her husband's. Property she inherited from her husband or father-in-law goes, if she has no children, to her husband's heirs. A woman who wants her property to go elsewhere should make a will.
Where a Hindu dies holding an interest in coparcenary property, that interest passes by succession, not survivorship, under the amended Section 6. A notional partition is assumed just before the death to work out the share, which then goes to the heirs. Daughters are coparceners by birth with the same rights as sons.
For Christians, if there is a widow or widower and lineal descendants, the surviving spouse takes one-third and the descendants share two-thirds. If there are no descendants but other relatives, the spouse takes half. Parsis have their own scheme in Sections 50 to 56, under which the widow or widower and each child take equal shares, with a share for surviving parents.
Muslim inheritance is governed by personal law, which fixes specific shares for certain relatives, such as the spouse, parents and daughters, and gives the residue to others. A son generally takes twice a daughter's share. The rules differ between Sunni and Shia schools and the calculation can be intricate, so family members should take advice before dividing property.
Nomination is one of the most misunderstood areas of inheritance in India. Banks and companies ask for nominees to make payment easy after a death, and many people believe this decides ownership. Usually it does not.
| Asset | Role of the nominee |
|---|---|
| Bank accounts and fixed deposits | The bank pays the nominee and is discharged. The nominee holds the money for the legal heirs or the beneficiaries under the will. Since 1 November 2025, account holders can name up to four nominees, either together in fixed shares or one after another |
| Bank lockers | Nominees, who can only be successive, get access to the locker contents; ownership of the contents still follows the will or succession law |
| Shares, demat accounts and mutual funds | In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), the Supreme Court held that a nominee under company and depository law does not become the owner; the securities pass under the will or succession law |
| Life insurance | Since the 2015 amendment to Section 39 of the Insurance Act, if the nominee is the policyholder's parent, spouse or child, they are a beneficial nominee and take the money for themselves; other nominees hold it for the heirs |
| Provident fund and pension | Governed by the specific scheme's rules, which often define who can be nominated and may give the nominee or family members a direct right |
| Housing society flat | The society can transfer membership to the nominee, but the nominee's rights against the heirs depend on the state's society law and the will |
The Supreme Court's decision in Sarbati Devi v. Usha Devi (1984), on insurance before the 2015 amendment, laid down the general idea that a nominee is a person authorised to receive the money, not an heir. The practical message is that nomination and a will should point in the same direction. If your will leaves a fixed deposit to your daughter but the nominee is your son, the bank will pay your son, and your daughter may have to recover it from him.
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Banks have simplified procedures for small balances, often requiring only an indemnity and an affidavit from the heirs up to a limit set by the bank. Above that limit, or if heirs disagree, they ask for a succession certificate or probate.
Wills made late in life are the ones most often challenged. If the testator is elderly, in hospital or on strong medication, a few precautions make an enormous difference. A doctor, preferably one who is treating the testator, can examine them on the day of signing and certify in writing that they are of sound mind and understand the transaction. The signing can be video recorded, with the testator explaining in their own words what they are doing and why. The beneficiaries should not be in the room. And the will should explain any unequal division in a neutral sentence, without blaming anyone.
An NRI can make an Indian will covering property in India. It can be signed abroad before two witnesses, in the same way as in India. Registration in India needs the testator to appear before the sub-registrar, which is often impractical, but an unregistered will is fully valid. Notarising the signing abroad, or having it done at an Indian consulate, can help with proof later. For property in other countries, a separate will made under local law is usually advisable, with each will carefully drafted so it does not revoke the other. Non-residents inheriting property in India can generally hold inherited residential and commercial property, while agricultural land and plantations follow special foreign exchange rules.
Spouses often make mirror wills, each leaving everything to the other and then to the children. A joint will, a single document signed by both, is recognised in India but creates complications on the first death; separate wills are cleaner. Mutual wills, where both agree not to change their wills after one dies, can bind the survivor if that agreement is clearly proved. In a second marriage, children from the first marriage and the second spouse are all legal heirs of the parent, so a will is essential to avoid conflict and to provide fairly for each.
A parent can appoint a guardian for minor children by will, subject to the rights of a surviving parent who is the natural guardian. Property left to a minor is usually best held in a trust until a stated age, with a trustee managing it, rather than given outright. For a child with an intellectual disability, a private trust set up under the will, with clear instructions on the child's care, can provide for life without the property passing into the child's hands directly. The National Trust framework allows legal guardianship for adults with certain disabilities, which should be planned alongside the will.
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| Tool | Takes effect | Can it be undone? | Stamp duty and registration | Best for |
|---|---|---|---|---|
| Will | Only after death | Yes, any time during life | No stamp duty; registration optional | Keeping control during your lifetime while deciding who gets what |
| Gift deed | Immediately on acceptance | Generally no, except in limited cases | Stamp duty payable, often reduced for close relatives; registration compulsory for immovable property | Transferring property now, especially within the family |
| Family settlement | On the date agreed | Binding once acted on | Depends on the form; a memorandum recording a past settlement may not need registration | Resolving or preventing disputes among heirs by agreement |
| Relinquishment deed | Immediately | No | Stamp duty and registration | An heir giving up their share in inherited property in favour of another heir |
| Trust | When created, or under a will on death | Depends on the terms | Depends on the property | Managing property for minors, disabled dependants or long-term family purposes |
The Supreme Court in Kale v. Deputy Director of Consolidation (1976) recognised that bona fide family settlements are favoured by law because they preserve peace in families. Our gift deed service explains when stamp duty concessions apply for close relatives, and the stamp duty calculator gives an estimate for your state.
The senior citizens' maintenance law of 2007 has a protection in Section 23: if an elderly person transfers property expecting the recipient to look after them, and that care and basic amenities are not provided, the maintenance tribunal can declare the transfer void. In Urmila Dixit v. Sunil Sharan Dixit (2025), the Supreme Court upheld the cancellation of a gift deed where the son did not look after his parents, and said the provision should be read in a way that serves its protective purpose. A will needs no such remedy, because the testator can simply change it; this is one reason many elderly parents prefer a will to an early gift.
India has had no estate duty since 1985 and no inheritance tax today. An heir pays no income tax merely for receiving property through a will or by succession. But tax arrives in other ways:
Our tax lawyer guide covers capital gains on inherited property and the new Income-tax Act, 2025 in more detail.
Inheriting a property and having it recorded in your name are two different things. Mutation is the process of updating municipal, revenue or society records to show the new owner. Mutation does not itself create title, but without it you cannot easily sell, mortgage or even pay property tax in your own name.
Where one heir refuses to cooperate, the others may need a court decree, and a property verification before any sale protects buyers from later claims by excluded heirs.
Every case turns on its own facts. A verified advocate can tell you what applies to yours.
The stories below are made up from patterns we see often; none describes a real family. Your own outcome will depend on your documents and facts.
A daughter in Lucknow learns, a year after her father's death, that her brother has had the family house mutated in his name on the basis of an unregistered will. The will was signed three weeks before the father died in hospital, and the brother arranged the witnesses. Her advocate files a suit for declaration and partition and asks for an order restraining sale. The brother has to prove the will through an attesting witness, who admits in cross-examination that the father was barely conscious. The court finds the suspicious circumstances unexplained, rejects the will, and the house is divided equally among the father's Class I heirs.
A widow in Nagpur finds that her husband's fixed deposits had no nominee. The bank's simplified procedure covers only a much smaller amount. Her advocate files a petition for a succession certificate, listing the deposits, with notice to her two adult children, who give written consent. After the newspaper notice period passes without objection, the court grants the certificate and the bank releases the money.
A seventy-eight-year-old mother in Pune wants to leave her self-acquired flat to the daughter who lives with her, and smaller sums to her two sons. Her advocate drafts a will that states the reason in one neutral line, arranges for her doctor to certify her capacity on the day, records a short video of the signing with two independent witnesses, and registers the will. After her death, one son grumbles but, on seeing the registration record and the medical certificate, signs a consent affidavit. The society transfers the flat without litigation.
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Drafting a straightforward will is one of the most affordable legal services, and advocates usually quote a fixed fee that depends on the number of properties and beneficiaries and whether registration is included. Complex wills involving trusts, businesses or property in several states take more time. Registration adds the sub-registrar's fee and incidental costs. Probate and succession certificates involve court fees calculated on the value of the estate, which vary widely by state, plus the advocate's fee for drafting the petition, appearing at hearings and taking the matter to a grant. Contested will cases are charged by stage or by hearing and can run for years. Bar Council rules do not allow an advocate to charge a share of the estate, or a cut of what you inherit, as the fee.
For typical fee arrangements, read the guide to legal fees in India; and the will drafting service gives a quoted price before work starts.
Indian advocates are not permitted to advertise or claim rankings, which is why no list of "top" or "best" will lawyers carries any official weight. Look instead for relevant experience and someone who explains your options plainly.
Mara Vakil does not give legal advice and is not a law firm; it is a technology platform. You post your will, probate or succession matter once, and enrolled advocates who take this kind of work can view it and choose to call you.
You pay nothing to post a matter or to receive the call.
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Family matters stay private; only the accepting advocate sees your number.
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No stamp duty is payable on a will. Plain paper is enough.
Registration is optional. A properly signed and witnessed unregistered will is valid.
Except for insurance with a close family nominee, the nominee usually holds the money for the heirs or beneficiaries.
Parents can leave self-acquired property to anyone by will. Children inherit automatically only when there is no will.
Since the 2025 amendment, probate is not compulsory anywhere, though it remains useful.
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No. Registration is optional. A will that is in writing, signed by the testator and attested by two witnesses is valid without registration. Registration helps with proof and safekeeping.
No. There is no stamp duty on a will, and it can be written or typed on plain paper.
No. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, so probate is no longer a legal precondition anywhere in India. It is still useful where a dispute is likely or an institution asks for it.
A beneficiary can sign as a witness, and the will remains valid, but the gift to that witness or to the witness's spouse becomes void. Use independent witnesses.
Yes, for self-acquired property and for his own share in joint family property. Unequal wills attract challenges, so the will should be carefully executed, and dependants may still claim maintenance from the estate.
His Class I heirs inherit equally: his widow, mother, sons and daughters, and the children of a predeceased son or daughter, who take their parent's share.
Yes. Since the 2005 amendment, daughters are coparceners by birth with the same rights as sons, and the Supreme Court confirmed in 2020 that this applies regardless of whether the father was alive in 2005.
No. The bank pays the nominee, but the nominee holds the money for the legal heirs or the beneficiaries under the will. Banks now allow up to four nominees.
If the nominee is the policyholder's parent, spouse or child, yes; they are a beneficial nominee under Section 39 of the Insurance Act. Other nominees hold the money for the heirs.
A succession certificate is granted by a civil court to collect debts and securities such as deposits and shares. A legal heir certificate is issued by the revenue authority to identify heirs, mainly for pension and government dues.
By objecting to a probate petition or filing a civil suit, on grounds such as improper execution, lack of sound mind, undue influence, fraud or forgery. The person relying on the will must also explain suspicious circumstances.
A suit for declaration generally must be filed within three years from when the will is set up against you. Objections in a probate case must be filed when the court issues notice. Act as soon as you learn of the will.
Generally only up to one-third of the estate after debts and funeral expenses, unless the heirs consent. Under Sunni law, a bequest to an heir also needs the other heirs' consent.
Yes. It can be signed abroad before two witnesses. Registration in India requires the testator to appear before the sub-registrar, but an unregistered will is valid.
No. There is no estate duty or inheritance tax. But income from inherited assets is taxable, and capital gains are charged when inherited property is sold.
A copy can sometimes be proved through secondary evidence if the loss is explained, but there is a presumption that a will last in the testator's possession and not found was destroyed with the intention of revoking it. Registration avoids this problem.
Yes, in many cases. Where a parent gave property expecting to be cared for and the child failed to provide that care, the maintenance tribunal can cancel the transfer under Section 23 of the 2007 senior citizens law, as the Supreme Court confirmed in 2025.
No. You pay nothing to post your will or inheritance matter or to receive a call from an enrolled advocate. If you go ahead, you settle the fee with the advocate yourself. Mara Vakil is a technology platform and is not a law firm.
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