How to create a will in India: a step-by-step guide

1. 01

   Check that you can legally make a will

   Under the Indian Succession Act, any person aged 18 or above who is of sound mind can make a will. You do not need to be resident in India — NRIs, OCI and PIO cardholders can make a will covering their Indian assets from anywhere in the world.

2. 02

   Make a complete list of your Indian assets

   Write down every asset situated in India: flats, houses, land, agricultural property, bank accounts, fixed deposits, PPF, shares and demat holdings, mutual funds, insurance policies, jewellery and vehicles. Include account numbers, survey numbers and registration details so the asset can be identified without dispute.

3. 03

   Decide who inherits what

   Name each beneficiary in full, with their relationship to you and address. For each asset, state the exact share — 100% to one person, or percentages across several. Vague wording such as 'to be divided among my children' is a common source of litigation.

4. 04

   Appoint an executor, alternate and guardian

   The executor collects your assets, pays debts and distributes what remains. Name an alternate in case the first cannot act. If any beneficiary is a minor, appoint a guardian for the child and for the property until they turn 18.

5. 05

   Write the will in the standard Indian format

   A valid Indian will opens with your identity details, then declares sound mind and free will, revokes earlier wills, appoints the executor, lists bequests, adds a residuary clause for anything not listed, and closes with an attestation clause for the witnesses.

6. 06

   Sign it before two witnesses

   Print the will on plain paper — stamp paper is not required. Sign or initial every page in the presence of two adult witnesses, who then sign in your presence and in each other's presence. Witnesses must not be beneficiaries or the spouse of a beneficiary.

7. 07

   Store it safely and tell your executor

   Keep the signed original in a safe place in India or with a trusted person, and keep a scanned copy. Tell your executor where the original is kept — a will that cannot be found cannot be probated.

Making the will from abroad: what NRIs need to know

Most guides on how to make a will in India assume you live there. If you are an NRI, OCI or a foreign citizen of Indian origin, these points matter more than anything else on this page.

Common questions

Does a will in India need to be on stamp paper?

No. A will in India can be written on plain paper. No stamp duty is payable on a will.

Is registration of a will compulsory in India?

No. Registration is optional under the Registration Act, 1908. An unregistered will signed before two witnesses is fully valid.

Can an NRI make a will for Indian property from abroad?

Yes. You can draft and sign a will abroad covering your Indian assets, provided you sign before two witnesses. Many NRIs make a separate will limited to Indian assets.

Do my witnesses have to be in India?

No. Your two witnesses simply need to be physically present with you when you sign, wherever you are. They can be colleagues, neighbours or friends in the US, UK or elsewhere — as long as they are adults and not beneficiaries.

Do I need notarisation or embassy attestation?

No. Indian law does not require a will to be notarised or attested by an Indian consulate. Your signature before two witnesses is what makes it valid. Some NRIs choose optional consular attestation for extra peace of mind, but it adds nothing to legal validity.

How long does it take to make a will?

With a guided questionnaire like NRI Will Genius, most people finish in about 10 minutes and can read the complete draft on screen before paying anything.