How to Make a Will in India?: A Step-by-Step Guide

The tradition of giving or rather transferring assets, titles, debts, rights, and responsibilities to a person’s legal heir following their death is known as inheritance. Either a will or the laws of succession can do this. 

Religions, civilizations, and groups all have different laws governing inheritance. We think that losing a family member is the worst agony in the world, but we also think that dealing with any family conflict over property inheritance is worse. But in India, this occurs as a result of ignorance on property inheritance. 

Since real estate prices are skyrocketing during an inflationary period, it is imperative that the property’s legal successors protect it both before and after the original owner passes away. 

In order to obtain ownership of their property, legal owners must complete certain formalities. However, depending on the type of property, different legal procedures and formalities may be required to obtain it. 

Introduction

• A will is a document where an individual legally declares their intentions and wishes regarding the distribution of their assets and property. It comes into effect after the property owner passes away, and it is vital knowing how to write a will in India.
• The individual who writes Will is called a “testator.”
• It can be typed, printed, or handwritten by a testator who wants to pass on their wealth to their successors.
• The testator can change the terms and alter the Will at any point in their lifetime. It is legally valid unless there is no fraud, coercion, or forgery involved. These factors should be acknowledged, and one must consider how to write a will in India to make one.
• The registration of a will is not compulsory; it depends on the testator. The registered Will is more valuable and legally valid. The registrar keeps it safe and takes necessary actions when needed after the testator passes away.

As per The Indian Succession Act, Will are of two types:

• Privileged Will: The wills made by army people, soldiers, airmen, and marine force people can be drawn orally or in writing without any legal formalities. It will be valid in whichever way the person left it.
• Unprivileged Will: Everyone else has to complete the legal formalities and process to draw a will and make it valid.

What is Inheritance Law in India?

The distribution of assets and property after a person’s death is governed by Indian inheritance law. It ensures a fair distribution of money among heirs in accordance with the rules controlling their religion and the type of property. Given the unique mix of statutory and personal laws that decide who inherits what, it is imperative to comprehend India’s inheritance legislation for better clarity and preparedness.

How to write a Will in India?

There are some important points to write down in a will. These are:

• Testator details: The owner must understand how to write a will in India and mention their information in detail. It includes the name, address, and any other personal information that might be necessary while distributing assets after their demise.
• Declaration: Testator declaration is very crucial in a will. This proves that they are of sound mind, capable of making decisions, and free from any coercion.
• Beneficiary details: The Will should mention the names, addresses, and personal information of the beneficiaries who will receive the assets after the testator passes away. Their portion and share of each asset of possession will be stated in detail in the proper execution of the Will. A legal consultant can help you understand how to write a will in India.
• Executor details: The name and additional information about the executor should be given who will ensure the fair distribution according to the existing Will.
• Property/asset details: Specified assets mentioned are distributed accordingly, so it becomes pertinent to thoroughly state which asset belongs to whom.
• Share division: The portion for each beneficiary should be written. If any minor is involved, then the guardian’s details and a portion should be stated. The person drawing it may not know the entire procedure of how to write a will in India, and legal consultation can be taken in these cases.
• Signatures: The testator should sign the Will in the presence of two witnesses, and the witnesses must attest to the Will in front of the testator to confirm the authenticity of the Will. This step is mandatory and crucial for any will to come into effect.
  

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What are the laws governing a will?

Some laws regulate how to write a will in India and the transfer of property by the method of Will. The Laws are:

• The Indian Succession Act of 1925
• The Code of civil procedure, 1908
• The Indian Registration Act of 1908
• The Indian Stamp Act, 1899
  

What is section 25 of the Hindu succession act?

According to Section 25 of the Hindu Succession Act of 1956, if someone committed or assisted in the murder of a deceased person, they are not eligible to inherit their property. Any additional property that would have been included in the succession in the absence of the murder is likewise covered by this.  

Explanation

• According to Section 25 of the Hindu Succession Act, murderers are not allowed to inherit the victim’s belongings.
• Those who assisted in the murder are also covered in this section.
• Any property that would have been in the succession had the murder not occurred is disqualified.
• This clause acknowledges that murderers shouldn’t be allowed to keep the property of the victim they killed.  

Differences Between the Hindu Succession Act and the Indian Succession Act

The application of the Hindu Succession Act and the Indian Succession Act differs greatly. The Hindu Succession Act expressly regulates the succession of Hindus, Buddhists, Sikhs and Jains, whilst the Indian Succession Act covers Christians, Parsis and anyone not covered by other specific succession laws.

What are the laws of succession in India?

The Hindu Succession Act of 1956 governs succession law in India. A legal heir’s heirs will inherit the property if they pass away before the ancestor, according to the doctrine of representation.  

How is property distributed according to property inheritance law in India?

• Sons and daughters still alive

In the event that a Hindu man passes away without a will, his surviving children will be entitled to an equal portion of his assets.

• Ancestral property

Ancestral property is something inherited from a father, a father’s father or a father’s father. The property will also be of interest to the person who inherits it, their children, grandkids and great-grandchildren.

• Widow and family

A widow will get one-third of a man’s property if he passes away without leaving a will, while the children will get the other two-thirds.

• Widow and relatives

Half of a man’s property will go to his widow and the other half will belong to his relatives if he passes away without a will and without children.  

Making a will 

• Even if a person may write more than one will, the most recent one will be honoured.
• The remaining provisions of a will will remain enforceable even if one of its provisions is unclear or impossible to execute.
• Marines, soldiers and pilots can write written wills without witnesses or a signature or they can make oral wills in front of two witnesses. 

Testamentary and Intestate Succession

In India, testamentary succession refers to the distribution of assets in compliance with the wishes specified in a will. In contrast, Indian law uses intestate succession when a person dies without leaving a will. The Indian Succession Act provides clear guidelines that ensure a fair distribution of the decedent’s assets in both cases.

Role of an Executor

• The executor is the person who has the authority to distribute assets under the details mentioned in the Will. They overview the distribution and the entire procedure to make sure that the Will is being used appropriately. 
• They might know how to write a will in India and can take further steps accordingly. It can be any trusted person, family, friend, or Chartered Accountant. 
• If there is no executor mentioned in the Will, the candidates can hire one by themselves or plead in court for the appointment of an executor.

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Guidelines to be followed

A few necessary guidelines are to be followed while brooding over how to write a will in India. These are as follows:

• The individual gifting the asset or property must be aware of the will online writing services and how to use them. They should be alert and have an understanding of how to write a will in India to give assets they wish to transfer.
• A person who knows how to write a will in India can easily draw a will online or offline as per their wish. If any language is not covered in legal parameters, they must take consultation to fix errors properly.
• The drafting of a Will is a complex process, and so one must consult a lawyer to get the Will drafted. 
• The Will drawn by a person who knows how to write a will in India can be written by hand or printed/typed. It should mention every vital information relating to the property details, personal and family details, executors’ names (if any), power of attorney details (if any), bequeathed details, and witness requirements.
• The Will should be drawn voluntarily by a person who is above 18 years of age and mentally sound. The Will should not be made under undue influence, force, fraud, or coercion. They are aware of how to write a will in India and are themselves deciding to draw it.
• The presence of two witnesses is mandatory according to Indian law. They must be present while the testator signs the document, and then the witnesses will attest to it for confirmation. The legal Will is used by authorities to register and can be enforced in a court of law.
• There are several risks of not having a will. Consult a lawyer to know the details. 

Delve into our in-depth guide on Will creation and registration in India to enhance your understanding of this important legal process.

Conclusion

The blog discusses in detail how to write a Will in India. The process of making a will is a critical matter for any family, and it must be processed legally to make it valid and enforceable. The testator can consult a lawyer to make a will if they do not know the exact factors of how to write a will in India.

Frequently Asked Questions Laws of Inheritance in India

Q1.What are the rules for property inheritance in India?

Ans1.The widow of the intestate or all the widows together if there are multiple widows, will receive one share. Rule 2: The mother of the intestate will receive one share, as will the surviving sons and daughters.

Q2. What is property distribution law in India?

Ans2. India’s property distribution law states that if a person passes away without leaving a will, their assets and property are distributed equally among their heirs. According to the division of classes, each heir receives their part. There are Agnates, cognates, class 1 heirs and class 2 heirs.