A properly made will is the single best gift a Delhi property owner can leave the family, and a badly made one is the start of a decade of litigation. This guide explains how to make a valid will under the Indian Succession Act, whether to register it, why probate is not compulsory for most wills in Delhi and when it is still worth obtaining, how probate and letters of administration petitions work in the district courts and the Delhi High Court, the role of attesting witnesses and "suspicious circumstances", how heirs can challenge a will, succession certificates for bank deposits and shares, nominations, Muslim wills, and what the Supreme Court and the Delhi High Court decided in 2025 and 2026. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.
A will in Delhi is valid if the testator, being of sound mind and an adult, signs it (or puts a mark) and two witnesses attest it, as section 63 of the Indian Succession Act, 1925 requires; registration is optional but strongly advisable. For Hindus, Sikhs, Jains, Buddhists and others in Delhi, probate is not compulsory unless the will concerns property in the old presidency towns, but it is often obtained when the will is likely to be disputed or when banks and authorities insist. Probate and letters of administration are granted by the District Judge for estates up to Rs 2 crore and by the Delhi High Court above that; a contested petition becomes a regular suit. To prove a will, at least one attesting witness must usually be examined, and the propounder must dispel any suspicious circumstances. Where there is no will, heirs inherit under succession law, and a succession certificate may be needed for bank deposits, shares and other debts.
A will is a legal declaration of how a person wants his or her property to be dealt with after death. The person making it is the testator (or testatrix). The people who receive property under it are legatees or beneficiaries, and the person appointed to carry it out is the executor. A will takes effect only on death, and until then it can be changed or revoked any number of times; only the last valid will counts.
In Delhi, where a modest flat can be worth crores and many families hold several properties across generations, wills matter enormously. A clear, properly executed and preferably registered will lets the family move on quickly: mutation, bank transfers and sales go through without court proceedings. A vague, home-made or badly witnessed will, or no will at all, often leads to partition suits, probate battles and criminal complaints of forgery that can run for ten or twenty years. A large share of the civil work in Delhi's district courts and the High Court's original side involves exactly these disputes.
| Law | What it covers |
|---|---|
| Indian Succession Act, 1925 | Execution of wills (section 63), revocation, interpretation, probate and letters of administration, succession certificates, executors |
| Hindu Succession Act, 1956 | Who inherits when a Hindu dies without a will; section 30 allows a Hindu to will away property including an interest in coparcenary property |
| Muslim personal law | Wills (wasiyat) by Muslims, generally limited to one-third of the estate after funeral expenses and debts, unless the heirs consent |
| Registration Act, 1908 | Optional registration of wills and deposit of wills in sealed covers with the Registrar |
| Bharatiya Sakshya Adhiniyam, 2023 | Proof of documents required by law to be attested, including wills (formerly section 68 of the Evidence Act) |
| Limitation Act, 1963 | Article 137 applies to probate petitions, but courts treat the right to apply as continuing |
Every adult of sound mind is free to make a will. Sound mind means understanding what property one has, who the natural beneficiaries are, and the effect of the dispositions being made. Old age or illness does not by itself take away capacity; what matters is the testator's state of mind at the time of execution. A will procured by fraud, coercion or undue influence is void.
The witnesses need not sign in each other's presence, and they need not know the contents of the will. In Gopal Krishan v. Daulat Ram (2 January 2025), the Supreme Court corrected a High Court that had read the "or" in section 63(c) as "and", holding that a witness who saw the testator sign or affix his mark satisfies the requirement; the alternative about another person signing at the testator's direction applies only where someone else signs.
Choose two adult witnesses who are independent, likely to be available and traceable in future, and willing to give evidence if needed. A beneficiary or the spouse of a beneficiary should not be a witness: under section 67 of the Indian Succession Act, a bequest to an attesting witness or the witness's spouse is void, though the will is otherwise valid. Doctors, family friends, neighbours or the drafting advocate are common choices. Writing each witness's full address and an identity detail helps trace them years later.
Registration of a will is optional under section 18 of the Registration Act; an unregistered will is equally valid if properly executed and proved. But registration has real advantages in Delhi:
Registration does not by itself prove the will; it is still proved through attesting witnesses if disputed, and a registered will can still be challenged for suspicious circumstances. But it removes many easy lines of attack. Delhi also allows a will to be deposited in a sealed cover with the Registrar under sections 42 and 43 of the Registration Act, to be opened after death. The registration fee for a will is modest, and no stamp duty is payable on a will.
Probate is the court's certified copy of the will, bearing its seal, coupled with authority to the executor to administer the estate. It conclusively establishes the will's validity against everyone, subject only to revocation. Many people assume probate is always required. In Delhi, for most families, it is not.
Section 213 of the Indian Succession Act says no right as executor or legatee can be established in court unless probate or letters of administration have been granted. But section 57 limits the classes of wills to which this applies for Hindus, Buddhists, Sikhs and Jains: wills made within the territories formerly subject to the Lieutenant-Governor of Bengal or within the original civil jurisdiction of the High Courts at Madras and Bombay, and wills made elsewhere so far as they relate to immovable property in those territories. Section 213 also does not apply to wills made by Muslims. Wills made in Delhi concerning Delhi property therefore do not require probate as a legal precondition.
If the will is registered, the family accepts it, and the authorities and banks concerned are willing to act on it with affidavits and indemnities, families often complete mutation and transfers without probate. Some heirs sign no-objection affidavits to make this smoother. If anyone later disputes the will, probate or a civil suit can still be filed.
Probate petitions in Delhi are filed before the District Judge of the district where the deceased had a fixed place of abode or where property is situated, for estates within the district courts' pecuniary limit of Rs 2 crore, and before the Delhi High Court on its original side for estates above that. In July 2026, the High Court's Full Court recommended raising the district courts' limit to Rs 10 crore; as of October 2026 that change had not been brought into force, so check the current limit before filing. District courts sit at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House.
Uncontested probate petitions in Delhi often take several months, depending on service of citations and the court's workload. Contested ones can take years, like any civil suit, with appeals to the High Court. Getting attesting witnesses' affidavits ready and serving all heirs correctly avoids most avoidable delay.
Article 137 of the Limitation Act prescribes three years for applications without a specific period, but in Kunvarjeet Singh Khandpur v. Kirandeep Kaur (2008) the Supreme Court held that the right to apply for probate is a continuing right, arising when the need for it arises. Late petitions are therefore not automatically barred, though delay may be scrutinised.
Letters of administration are granted where there is no executor to take probate.
The administrator usually furnishes an administration bond with sureties under section 291, undertaking to administer the estate properly. Letters of administration on intestacy are less common in Delhi because families can usually transfer property on the basis of heirship documents and relinquishment deeds, but they are useful where third parties insist, or where the estate must be managed for minors or absent heirs.
A grant obtained by suppressing heirs can be revoked under section 263. In a decision reported in December 2025, the Delhi High Court upheld the revocation of letters of administration that had been obtained in 2001 for agricultural land in Village Mamurpur on the claim that the deceased died a bachelor, when he was in fact survived by a widow and daughter. The Court treated the suppression of necessary parties and a delay of over 22 years, timed around land acquisition compensation, as evidence of concealment. Every petitioner must disclose all heirs truthfully.
A will is a document required by law to be attested. The Bharatiya Sakshya Adhiniyam, 2023, carrying forward old section 68 of the Evidence Act, bars reliance on such a document unless one or more of the attesting witnesses is examined to prove execution, provided a witness is living, within reach of the court and fit to testify. The witness should be able to say that the testator signed in his presence and that he and the other witness attested in the testator's presence. If no attesting witness can be found, the law allows proof of the handwriting of at least one witness and of the testator.
Since H. Venkatachala Iyengar v. B.N. Thimmajamma (1959), courts have held that the person propounding a will must prove due execution and, where there are suspicious circumstances, remove them to the court's satisfaction. Common suspicious circumstances include:
In Meena Pradhan v. Kamla Pradhan (2023), the Supreme Court summarised these principles. But suspicion must be real and specific, not imagined. Exclusion of some heirs is not suspicious by itself: a will is made precisely to alter the natural line of succession.
These decisions show that a properly executed will, with available witnesses and a sensible explanation for the dispositions, usually withstands challenge.
Heirs who believe a will is not genuine, or was obtained unfairly, have several routes. The right route depends on whether probate has been applied for and what the challenger wants.
| Situation | Route |
|---|---|
| Probate petition filed by the beneficiary | File objections when the citation is received; the case becomes a contested suit |
| Fear that a probate petition may be filed without notice | File a caveat in the probate court |
| Probate already granted without proper notice | Apply for revocation under section 263 for just cause, such as defective proceedings or concealment |
| No probate; beneficiary relies on the will for mutation | Object before the mutation authority and file a civil suit for declaration, partition or injunction |
| Will appears forged | A criminal complaint for forgery may be filed alongside civil proceedings, where facts justify it |
Expert opinion on signatures is admissible but is weak evidence on its own; courts weigh it with the testimony of attesting witnesses and the surrounding circumstances. A Delhi High Court decision reported in 2025 noted that expert opinion alone cannot decide whether a will is genuine, and that evidence cannot be looked at on a plea never raised in the pleadings. Challengers should plead their grounds specifically from the start.
Many will disputes in Delhi end in family settlements dividing the property differently from the will, recorded through registered deeds or a compromise decree. Mediation in the district courts or the Delhi High Court's mediation centre is often worth trying early.
A succession certificate under sections 370 to 372 of the Indian Succession Act authorises the holder to collect debts and securities of the deceased, such as bank deposits, shares, debentures and amounts owed to the deceased. It is granted by the District Judge on a petition listing the heirs and the debts and securities, after notice and publication, on payment of court fee on the value. It does not decide title finally; it protects the debtor who pays the holder. It is not needed for immovable property. Mara Vakil offers a paid succession certificate service.
A legal heir or similar certificate identifies the heirs and is used for pensions, utility transfers, mutation and smaller claims. It is administrative, not a court grant. See the legal heir certificate service.
Nomination in a bank account, insurance policy, shares or a cooperative society lets the institution pay or transfer to the nominee and get a valid discharge. It does not make the nominee the owner. The Supreme Court's 2023 ruling in Shakti Yezdani confirmed that a nomination made under company or depository rules gives way to succession law, so the nominee holds the asset for those actually entitled. The same principle applies broadly to bank and insurance nominations, subject to the specific statute. A will can therefore direct that money held by a nominee goes to someone else.
Banks generally release smaller amounts to nominees or heirs on the basis of the death certificate, indemnity and affidavits, and insist on a succession certificate, probate or letters of administration for larger amounts or where heirs disagree. Check the bank's own policy and thresholds.
A Muslim can bequeath only up to one-third of the net estate (after funeral expenses and debts) by will, and a bequest to an heir is generally valid only with the consent of the other heirs; the rest devolves under Muslim law of inheritance. Muslim wills need no particular form and may even be oral, though writing is strongly advisable, and probate is not required under section 213. Shia and Sunni rules differ in some respects.
Wills of Christians and Parsis are governed by the Indian Succession Act. Intestate succession for them follows Part V of that Act, with special rules for Parsis.
Under section 30 of the Hindu Succession Act, a Hindu can dispose of his or her interest in coparcenary (joint family) property by will. But the testator cannot will away property that belongs to others, such as the shares of other coparceners. Disputes about whether property is self-acquired or joint family property are common and decided in civil suits.
A Hindu woman's property is her absolute property under section 14 of the Hindu Succession Act and she can will it freely. If she dies without a will, it devolves under section 15, which follows a different order from a man's property.
Spouses sometimes make a joint will. A joint will operates as separate wills of each person. A mutual will, where each leaves property to the other on an agreement not to revoke, raises complex questions after the first death; take advice before making one.
Soldiers, airmen and sailors on actual service can make privileged wills with relaxed formalities under sections 65 and 66.
Property can be left to minors, but they cannot manage it until majority. A will can appoint a guardian of the minor's property or create a trust. Without this, a guardian may need court permission to deal with the property.
NRIs can make wills for their Indian property; execution abroad should follow section 63 and preferably be attested at an Indian mission or notarised and apostilled. Property abroad may be governed by the law of that country; separate wills for different countries, drafted to avoid revoking each other, are common.
A codicil is a document that alters or adds to a will and must be executed with the same formalities. A will can be revoked by a later will or codicil, by a writing declaring revocation executed like a will, or by burning, tearing or destroying it with intent to revoke. Marriage does not revoke a Hindu's will (section 69 does not apply to Hindus), but it can revoke wills of some others under that section.
A gift by registered gift deed takes effect immediately and is generally irrevocable once accepted; a will takes effect only on death and can be changed. Some parents in Delhi prefer gifting property during their lifetime to avoid later disputes, but should consider their own security; the Senior Citizens Act allows a gift made on condition of care to be set aside if that condition is broken. Mara Vakil offers gift deed drafting.
The families described are fictional composites, used only to show the law in action.
A widow's registered will gives her flat to the daughter who looked after her in her last years, and her jewellery and deposits equally to her son and daughter. The son alleges forgery. The daughter applies for mutation on the will; when the son objects, she files a probate petition before the West district court at Tis Hazari with the attesting witnesses' affidavits. The son files objections and the case proceeds as a suit. Both witnesses, a neighbour and the drafting advocate, testify to execution; the sub-registrar's record shows the mother's presence and photograph. The court grants probate, and mutation follows.
A father's handwritten will, witnessed by two friends, leaves his house to his younger son. One witness has died; the other lives in another city. The younger son applies for probate in the East district court, arranges for the surviving witness to give evidence by video conference, and produces specimen signatures of the father. The elder son's allegation that the father was senile is not supported by medical records. Probate is granted.
A widower dies without a will, leaving a flat and fixed deposits of substantial value. The children agree on division. They execute registered relinquishment deeds so that one sibling takes the flat and pays the others, and apply for a succession certificate in the district court to collect the deposits, since the bank insists on it for the amount involved. The flat is mutated in the sibling's name on the basis of the relinquishment deeds.
A beneficiary under a 2010 will never applied for probate. In 2025, a builder interested in redeveloping the property insists on probate. The beneficiary files a petition; the other heirs object that it is time-barred. Relying on the principle that the right to apply for probate is continuing, the court treats the petition as maintainable, while examining the explanation for delay along with the evidence of execution.
For making a will, look for an advocate who listens to your family situation, drafts clearly, explains the reasons for any unequal distribution, and arranges proper execution and registration. For probate and disputes, look for experience before the District Judges and the Delhi High Court's original side in testamentary cases, and familiarity with evidence of attesting witnesses and handwriting.
Use the form above to outline the estate and the family position, and verified Delhi advocates who practise in succession matters can phone you. Being introduced costs nothing, and fees for legal work are settled between you and the lawyer. The platform's own charges are limited to documents it prepares, for instance a will, gift deed, succession certificate petition or legal heir certificate application. You can also browse will lawyers in Delhi and property lawyers in Delhi, read about property mutation in Delhi, or see how to choose an advocate.
Many Delhi families discover the importance of a will only when there is none. Then the applicable succession law decides who gets what, regardless of what the deceased might have wanted.
| Order | Heirs | How they share |
|---|---|---|
| Class I | Widow, sons, daughters, mother, and children and widows of predeceased sons or daughters as listed in the Schedule | Simultaneously; each widow, son, daughter and the mother takes one share; branches of predeceased children take their parent's share |
| Class II | Father, then brothers and sisters, then other listed relatives in order of entries | Only if there is no Class I heir; earlier entries exclude later ones |
| Agnates | Relatives through males | Only if no Class I or II heir |
| Cognates | Relatives through females | Only if no agnate |
Daughters are equal heirs with sons in a father's property. Since the 2005 amendment and the Supreme Court's decision in Vineeta Sharma v. Rakesh Sharma (2020), daughters are also coparceners by birth in joint family property, on the same footing as sons.
Her property goes first to her sons, daughters (including children of predeceased children) and husband; then to the husband's heirs; then to her mother and father; then to the father's heirs; and lastly to the mother's heirs. Property inherited from her parents goes back to her father's heirs if she has no children, and property inherited from her husband or father-in-law goes to the husband's heirs in that situation.
Inheritance follows Muslim personal law, which fixes shares for sharers such as the spouse, parents and daughters, with residuaries taking the rest. Sunni and Shia rules differ. A will can deal with only one-third of the estate, as explained above.
The Indian Succession Act governs: for Christians, the widow or widower takes a third if there are lineal descendants, with the rest going to the descendants; Parsis have their own rules in the same Act.
Because these shares are fixed by law, a family that wants a different arrangement, for example the mother keeping the house for life, needs either a will by the deceased or, after death, registered relinquishment or settlement deeds among the heirs. Our guide on property mutation explains how such arrangements are recorded.
A small investment in planning now saves the family years of court proceedings. Mara Vakil's will drafting service can help you start.
Being named executor is an honour and a responsibility. In Delhi, where estates often include property, deposits, shares and sometimes businesses, the executor's work can stretch over many months.
An executor who acts carelessly or dishonestly can be held liable to the beneficiaries. When in doubt, especially where beneficiaries disagree, an executor should take legal advice before distributing.
| Item | What to expect |
|---|---|
| Will drafting | Professional fee for drafting; varies with complexity |
| Will registration | A modest registration fee at the sub-registrar; no stamp duty |
| Probate or letters of administration | Court fee on the value of the estate under Delhi's court fee law, plus advocate's fees and publication costs |
| Contested probate | Fees for a full civil trial and possible appeal |
| Succession certificate | Court fee on the value of debts and securities, plus fees |
| Relinquishment or gift deeds after death | Stamp duty and registration charges as applicable in Delhi |
Compared with these costs, and with the years a contested case can take, the cost of a properly drafted and registered will is small.
Most will disputes that reach Delhi's courts trace back to a handful of avoidable errors.
An advocate-drafted, properly executed and registered will avoids almost all of these.
An adult of sound mind signs or marks it, and two witnesses attest it, each seeing the signing or receiving acknowledgement, under section 63 of the Indian Succession Act.
No. Wills attract no stamp duty, so ordinary paper is enough.
It is optional, though a registered will is much harder to attack as forged and smooths mutation.
Yes, if properly signed and attested by two witnesses.
They can sign, but a bequest to an attesting witness or the witness's spouse is void under section 67.
No. They attest the signature, not the contents.
No. Each must sign in the testator's presence, but not necessarily in each other's presence.
That a witness who saw the testator sign or affix a mark satisfies section 63(c); the 'or' is disjunctive.
Yes, if of sound mind at the time. A medical fitness certificate helps.
It is not required but is useful supporting evidence.
Yes, any number of times. The last valid will prevails.
A document altering or adding to a will, executed with the same formalities.
By a later will or codicil, a written revocation executed like a will, or destroying it with intent to revoke.
No. The marriage revocation rule in section 69 does not apply to Hindus.
Not for wills of Hindus, Sikhs, Jains and Buddhists made in Delhi about Delhi property, under section 57.
For wills covered by section 57, mainly those made in or concerning immovable property in the old Bengal, Madras and Bombay jurisdictions.
No. Section 213 does not apply to wills of Muslims.
To settle disputes conclusively and satisfy banks, companies or authorities that insist on it.
The District Judge for estates up to Rs 2 crore and the Delhi High Court above that, as of October 2026.
The Delhi High Court's Full Court recommended raising it to Rs 10 crore in July 2026; it was not in force as of October 2026.
Original will, death certificate, list of heirs, schedule of assets with values, and attesting witnesses' affidavits.
A notice issued by the court to legal heirs and others who may object.
Yes. Courts direct publication so that objectors can come forward.
The case becomes contentious and proceeds as a regular suit under section 295.
Uncontested petitions often take several months; contested ones can take years.
Article 137 applies, but courts treat the right to apply as continuing, so late petitions are not automatically barred.
An ad valorem fee on the value of the estate under Delhi's court fee law; check current rates.
Collects the assets, pays debts and distributes the estate as per the will, and files an inventory and accounts.
Within six months of the grant, with an account within a year, under section 317.
A grant to manage the estate where there is no executor, either with the will annexed or on intestacy.
When the will names no executor or the executor cannot or will not act.
A bond with sureties given by an administrator undertaking to administer the estate properly.
Yes, under section 263 for just cause, such as concealment of heirs or defective proceedings.
The Delhi High Court upheld revocation of letters of administration obtained by suppressing the deceased's widow and daughter.
By examining at least one attesting witness who can prove execution, plus other evidence.
The handwriting of at least one witness and the signature of the testator can be proved by other evidence.
Doubtful signatures, poor health, unnatural dispositions, the beneficiary's active role, secrecy or alterations, which the propounder must explain.
Not by itself. A will exists to change the natural succession; courts look for real suspicious features.
The Delhi High Court upheld probate of a registered will excluding some heirs, finding execution proved and no real suspicion.
No. Probate decides the will's genuineness; title disputes are decided separately.
Expert opinion is relevant but weak alone; courts weigh it with witness evidence.
File objections in probate, a caveat, a revocation application, or a civil suit for declaration or partition, depending on the stage.
A notice to the court asking to be heard before any grant is made.
Yes, where facts justify, alongside civil proceedings.
Yes, through a family settlement or compromise decree, often after mediation.
A certificate authorising collection of debts and securities like deposits and shares of a deceased person.
No. It covers debts and securities, not immovable property.
The District Judge where the deceased ordinarily resided.
A legal heir certificate identifies heirs administratively; a succession certificate is a court grant to collect debts and securities.
No. A nominee receives on behalf of legal heirs or legatees; Shakti Yezdani (2023) confirmed nomination does not override succession.
Yes. The nominee holds for the person entitled under the will or succession law.
Generally only up to one-third, unless the heirs consent.
Yes, though a written will is strongly advisable.
A Hindu can will his or her interest in coparcenary property under section 30, but not others' shares.
Yes. A Hindu woman's property is absolute under section 14 of the Hindu Succession Act.
Class I heirs, such as widow, sons, daughters and mother, share equally.
Heirs under section 15 of the Hindu Succession Act, in a different order from a man's property.
A single document by two people, which operates as separate wills of each.
Wills made under an agreement not to revoke; they raise complex issues and need advice.
A will by soldiers, airmen or sailors on actual service, with relaxed formalities.
Yes, ideally appointing a guardian of the property or creating a trust.
Yes, following section 63, preferably attested at an Indian mission or notarised and apostilled.
Often yes, carefully drafted so they do not revoke each other.
A gift takes effect now and is usually irrevocable; a will takes effect on death and can be changed.
A gift made on condition of care can be set aside under the Senior Citizens Act if the condition is broken.
Safely, with the executor knowing where; registered wills can also be deposited in a sealed cover with the Registrar.
A registered will can be proved through a certified copy; an unregistered lost will is harder and needs strong evidence.
Yes, if properly signed and attested.
It can be, but signing every page is safer against substitution.
Yes. Calm reasons help defeat later allegations of suspicious circumstances.
It is allowed, but heavy involvement is a classic suspicious circumstance; independent drafting is better.
Yes. Executors are often beneficiaries.
Yes. A legatee can then seek letters of administration with will annexed.
Not legally, but no-objection affidavits help mutation without probate.
Yes, authorities do, and the Supreme Court held in 2025 that a will-based mutation cannot be rejected merely for being testamentary.
Yes. Mutation does not decide title; file a civil suit or probate objection.
The property passes under intestate succession as if there were no will, unless an earlier valid will exists.
Not legally, but photographs and registration help identification.
Yes, by mark, with the will read over and explained, which should be recorded.
Yes, in any language the testator understands.
Yes, by will, though maintenance claims of dependants may still arise in some situations.
Yes. Mara Vakil offers a paid will drafting service.
No. Getting connected is free; the platform charges only for paperwork it prepares.
No. The independent advocate you choose files it; the platform is not a law practice.
Usually the West district court at Tis Hazari, subject to value.
The district court at Saket, subject to value.
The district court at Karkardooma, subject to value.
The district court at Rohini, subject to value.
The district court at Dwarka, subject to value.
Yes. After the 2005 amendment and Vineeta Sharma (2020), daughters are coparceners by birth like sons.
His widow and mother as Class I heirs; if neither, Class II heirs such as the father and siblings.
It goes to her father's heirs.
Under the Indian Succession Act; the spouse takes a third if there are descendants, the rest goes to descendants.
Only if the other heirs agree through registered relinquishment or settlement deeds, or a life interest arrangement.
A right to use and enjoy property for life, after which it passes to others, often created by will.
Yes. A private trust can hold property for beneficiaries and may avoid some disputes, but needs careful drafting.
Yes. Keep nominations consistent with your will to reduce confusion.
Online accounts, cryptocurrency, digital files and similar assets, which can be dealt with by will with access instructions kept securely.
Every few years and after major life events like marriage, birth, death or property purchase.
Yes. Joint executors can act together; an alternate can also be named.
Only if the will provides for it or the beneficiaries agree; otherwise the role is generally unpaid apart from expenses.
Name an alternate; otherwise a legatee may seek letters of administration with will annexed.
Yes. Bequests to religious or charitable purposes are allowed, subject to certain restrictions.
Not directly, but you can leave money to a person or trust for the pet's care.
It can be, if it meets the formal requirements; take advice on attestation and proof.
That bequest fails; the rest of the will operates normally.
It is covered if the will has a residuary clause; otherwise it passes by intestacy.
A clause giving everything not specifically mentioned to named beneficiaries.
Where probate is not compulsory, yes, but buyers may insist on probate or heirs' consent if disputes are possible.
The legal representative files the final return; the executor often acts in that role.
Through transmission with the company or depository, using the will, probate or succession documents as required.
Yes, if necessary for administration and consistent with the will and law.
No, but he must pay debts from the estate before distribution and can be liable for mismanagement.
No. India has no estate duty or inheritance tax at present, though income from inherited assets is taxable.
No, it is modest; there is no stamp duty on wills.
After the testator's death, legal representatives can apply for a certified copy from the registration office.
Yes, though delay may weaken the challenge and limitation issues may arise in related suits.
It is your choice; discussing broad plans often reduces later disputes.
Yes, within limits; conditions that are illegal, immoral or impossible are void.
Unattested alterations may be disregarded and can raise suspicion; initial and witness any changes, or make a fresh will.
Courts try to identify the property from evidence, but vague descriptions invite disputes; describe properties precisely.
Yes, if section 63 is followed, though professional drafting and registration are safer.
Electronic signatures are not recognised for wills under the IT Act's exclusions; sign physically.
No, but a drafting advocate often acts as a witness, which can help later.
Yes. A testator can leave self-acquired property to anyone.
Yes, but make sure the executor or a joint holder can access it after death, or deposit it with the Registrar.
Yes, as heirs under succession law if the marriages are valid; a will can set out clear shares to avoid disputes.
Yes. A later validly executed will revokes an earlier one even if the later one is unregistered, though registration helps prove it.
A grandchild who would inherit on intestacy, for example through a predeceased parent, can object.
Not legally, but buyers and banks may ask for it, especially if heirs might dispute the will.
Notarisation adds little legally; registration and proper attestation matter more.
This page gives general information based on the sources listed, as checked on 17 October 2026. Wills and succession depend on personal law, documents and facts; confirm with an advocate before acting. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.
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