Here is how to make a will in Delhi: write down how your property should pass after your death, sign it, and have two witnesses attest it, as Section 63 of the Indian Succession Act, 1925 requires. No stamp paper is needed and registration is optional, though registering it with the Sub-Registrar makes it much harder to challenge.
This guide covers who can make a will, what to include, the signing and attestation rules, registration and safe custody, probate in Delhi, and how to change or revoke a will.
Key takeaways
- Any adult of sound mind can make a will (S. 59).
- The will must be signed by you and attested by two witnesses (S. 63).
- No stamp duty is payable on a will; registration is optional (S. 18, Registration Act).
- Probate is not compulsory for most wills in Delhi, but may be needed in practice.
- A later will or a codicil can change or revoke an earlier will at any time.
In this guide
Who can make a will?
Under Section 59 of the Indian Succession Act, any person who is not a minor and is of sound mind can bequeath their property. The will must be made freely, without fraud, coercion or undue influence (Section 61). Muslims are governed by their personal law: a Muslim can generally bequeath only up to one-third of the estate to non-heirs, and an oral will can be valid.
You can only will what you own. For jointly owned or coparcenary property, you can bequeath your share, not the whole property.
What to include in a will
- Your full name, age, address and a declaration that you are of sound mind and making the will voluntarily.
- A statement revoking all earlier wills and codicils.
- A clear list of assets: properties with full addresses, bank accounts, fixed deposits, shares, mutual funds, jewellery and vehicles.
- Who gets what, in clear shares or specific items.
- Alternate beneficiaries if a beneficiary dies before you.
- Appointment of an executor, and a guardian for minor children if needed.
- Date and place of signing.
Keep the language simple. Ambiguity is the most common reason wills are litigated.
Step-by-step: making a valid will
- List your assets and decide the beneficiaries.
- Draft the will on plain paper. No stamp paper is required.
- Choose two adult witnesses who are not beneficiaries or their spouses.
- Sign every page in the presence of both witnesses.
- Each witness signs in your presence, and ideally in each other’s presence, with their name and address.
- Optionally get a medical certificate of sound mind on the same day, especially for elderly testators.
- Register the will or deposit it in safe custody, and tell the executor where it is kept.
A bequest to an attesting witness or their spouse is void under Section 67, though the rest of the will stays valid. So never use a beneficiary as a witness.
Should you register your will in Delhi?
Registration is optional under Section 18 of the Registration Act, 1908. But a registered will carries a strong presumption of genuine execution, and the original is preserved in government records. In Delhi, you register with the Sub-Registrar of your area by booking an appointment, appearing with two witnesses and your ID, and paying a small fee.
You can also deposit your will in a sealed cover with the Registrar under Section 42 of the Registration Act, so that it is kept safely and opened only after your death.
Probate in Delhi
Probate is the court’s certification that a will is genuine and the executor can act on it. Under Section 213 of the Indian Succession Act, probate is compulsory only for certain wills made in or about immovable property in the former presidency towns of Kolkata, Chennai and Mumbai. For most wills in Delhi, probate is not legally required.
In practice, banks, societies and authorities sometimes ask for probate or a succession certificate, especially for large assets or when heirs disagree. Probate petitions in Delhi go to the District Judge or, above its pecuniary limit, to the Delhi High Court.
How to change or revoke a will
| Method | When to use it |
|---|---|
| Codicil (S. 70) | Small changes, like adding a beneficiary or an asset |
| Fresh will | Major changes; it should expressly revoke earlier wills |
| Destroying the will | Burning or tearing it with the intention to revoke (S. 70) |
Marriage does not automatically revoke a will for Hindus, Sikhs, Jains and Buddhists, but it does for others governed by the Indian Succession Act (Section 69).
Common mistakes to avoid
- Using a beneficiary as a witness.
- Leaving out a residuary clause for assets not mentioned.
- Bequeathing property you do not fully own.
- Unexplained exclusion of a close family member, which invites a challenge.
- Keeping the only original where no one can find it.
How a lawyer helps
A will dispute can run for years. A civil lawyer in Delhi can draft a clear will, supervise execution and registration, and record the reasons for unusual bequests. For transfers after death, see our guide on the succession certificate in Delhi, and for recording heirs in property records, property mutation in Delhi.
Frequently asked questions
Is a handwritten will valid in India?
Yes. A will can be handwritten or typed, on plain paper. It is valid if you sign it and two witnesses attest it as required by Section 63 of the Indian Succession Act. No stamp paper is required.
Is registration of a will compulsory in Delhi?
No. Registration is optional under Section 18 of the Registration Act. A registered will is harder to challenge because the Sub-Registrar records your identity and presence, and the original is preserved in official records.
Can a beneficiary be a witness to a will?
A beneficiary can sign as a witness, but the gift to that witness or their spouse becomes void under Section 67. The rest of the will remains valid. Always choose independent witnesses.
Is probate necessary in Delhi?
For most wills in Delhi, probate is not legally required, because Section 213 applies mainly to the former presidency towns. Banks or authorities may still ask for probate or a succession certificate in some cases.
Can I change my will after registering it?
Yes. You can change it any time by a codicil or a new will. The latest valid will prevails. Registering the new will is advisable so that the record is clear.
What is the stamp duty on a will in Delhi?
No stamp duty is payable on a will. Only the registration fee applies if you choose to register it with the Sub-Registrar.
Conclusion
Knowing how to make a will in Delhi takes the guesswork out of succession. Use clear language, independent witnesses and registration to give your family certainty and avoid litigation.
Related guides and services
- Civil Lawyer in Delhi
- Property Dispute Lawyer in Delhi
- NRI Legal Services in Delhi
- Succession certificate in Delhi
- Property mutation in Delhi
- Will format generator
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
