NRI Will GeniusWills for Indian assets

Will registration in India

Will registration in India: optional, not compulsory

Many NRIs delay writing a will because they believe it must be registered at a sub-registrar's office in India. It does not. Registration is voluntary — what actually makes a will valid is your signature before two witnesses.

Registered vs unregistered will

 Unregistered willRegistered will
Legally validYesYes
Two witnesses requiredYesYes
Stamp paper neededNoNo
Testator must travel to IndiaNoYes, in person
Official record of dateNoYes
CostNilNominal state fee
Can be revoked by a later willYesYes

Fees and procedure vary by state. This page is general information, not legal advice.

The registration process, if you choose to register

  1. 01

    Prepare and sign the will

    The will must already be written and signed by you in the presence of two witnesses. Registration does not replace the witness requirement — it sits on top of it.

  2. 02

    Visit the sub-registrar's office

    Go to the sub-registrar in whose jurisdiction you ordinarily reside or where the property is situated. The testator must attend in person; a will cannot be registered through a power of attorney.

  3. 03

    Bring the witnesses and ID

    Both attesting witnesses must accompany you, with photo ID and address proof. You will need your own ID — passport, OCI card, Aadhaar or PAN — plus passport-size photographs.

  4. 04

    Pay the registration fee

    The fee is nominal and varies by state, typically in the range of a few hundred rupees. No stamp duty is payable on a will in any state.

  5. 05

    The registrar records the will

    The sub-registrar records your statement and those of the witnesses, enters the will in Book 3, and retains a copy. The original is returned to you.

What NRIs should do instead

Since you cannot register from abroad, the practical route is a properly drafted, correctly executed unregistered will covering your Indian assets. Get the format and the signing right and the document stands on its own.

Skip the sub-registrar queue

NRI Will Genius builds a correctly formatted Indian will in about 10 minutes and tells you exactly how to sign it.

Generate my will

Common questions

Is will registration compulsory in India?
No. Under Section 18 of the Registration Act, 1908, registration of a will is optional. An unregistered will signed before two witnesses has exactly the same legal force as a registered one.
Does registering a will make it harder to challenge?
Registration does not make a will unchallengeable, but it does create an official record of the date and the testator's identity, which can help rebut claims of forgery or fabrication.
Can an NRI register a will from abroad?
Registration requires the testator to appear in person before the sub-registrar in India, so it cannot be done from overseas. Most NRIs simply execute an unregistered will abroad before two witnesses, which is fully valid.
Can a registered will be revoked or replaced?
Yes. A later will that expressly revokes earlier wills supersedes a registered one, whether or not the new will is itself registered.
Does a will need stamp paper?
No. A will attracts no stamp duty and can be written on plain paper.