Will Drafting & Registration
Will drafting and registration decide who gets your house, savings and business after you. We draft it in plain language for your review, arrange signing before two witnesses under Section 63 of the Indian Succession Act, and register it with the Sub-Registrar in Haryana or Delhi if you wish.
What it is
A will is your written instruction on who gets what after you die. Will drafting and registration are separate steps: drafting and signing make the will valid, and registration is an optional extra. It works only from the date of death. Until then, you stay the full owner of everything in it.
For Hindus, Sikhs, Jains, Buddhists, Christians and Parsis, wills are governed by the Indian Succession Act, 1925. Section 59 says any person of sound mind who is not a minor can make one. Section 63 sets the signing rules: the testator signs, and at least two witnesses attest. Section 18(e) of the Registration Act, 1908 makes registration optional, not compulsory.
Who it applies to
You own a house, flat or land
A flat in Faridabad, a plot in Gurugram or farmland in Palwal. A will settles who gets it without a family dispute.
You run a business or hold shares
Think of a Ballabgarh shop where one son already runs the counter. Without a will, every heir gets an equal say in it.
Your family set-up is not simple
A child abroad, a second marriage, a dependent parent or a gift to charity. This is where the default rules fall short.
Why it matters
Pick your heirs yourself
Without a will, your personal succession law decides. For a Hindu male, Class I heirs share equally, which may not be what you wanted.
Spare your family the paperwork
A clear will with a named executor speeds up mutation and bank transfers. Without one, heirs often need a legal heir certificate or a succession certificate for each asset.
Shut down the usual disputes
Most will disputes are about the signing: who was there, and whether anyone applied pressure. A properly attested, registered will answers both.
Documents required
About you
- PAN and Aadhaar, or another photo ID
- Address proof
- Two passport-size photographs (for registration)
About your property
- Sale deed, gift deed or allotment letter for each property
- Jamabandi or mutation record for land
- List of bank accounts, FDs and investments
About the people
- Names, ages and relationship of each beneficiary
- Executor’s name and ID, with their consent
- Two witnesses with photo ID (not beneficiaries)
Registered vs unregistered will
| Unregistered will | Registered will | |
|---|---|---|
| Valid? | Yes, if signed and attested under Section 63 | Yes, same rules apply |
| Where it is kept | With you, your executor or a locker | Copy entered in the Sub-Registrar’s records |
| Stamp duty | None | None |
| Registration fee | Nil | Delhi: ₹600. Haryana: as per the Sub-Registrar’s schedule |
| Evidentiary weight | Must be proved by an attesting witness if challenged | Presumption of genuineness, though still rebuttable |
In 2025 the Supreme Court held in Metpalli Lasum Bai that a registered will carries a presumption that it was properly executed. The person challenging it has to prove otherwise. That is why we recommend registration.
There is a third option. Section 42 of the Registration Act lets you deposit your will with a Registrar in a sealed cover. It stays private until it is opened after your death.
How it works
List what you own and who should get it
We fill a simple asset sheet with you, then note who gets what, and what happens if a beneficiary dies before you.
Draft the will for your review
We prepare a plain-language draft with an executor, a back-up executor and a residuary clause for anything left out. You review it, and we revise until it reads right to you.
Sign before two witnesses
You sign every page. Both witnesses watch you sign, then sign themselves in your presence, as Section 63 requires. Pick witnesses who are not beneficiaries.
Register it with the Sub-Registrar
If you opt to register, we book the appointment and prepare the file. You and both witnesses attend in person with ID for photographs and biometrics.
Store it safely and brief the executor
We hand over the original and remind you to review it after a marriage, birth, death or big property deal.
Timelines
Get a draft in a few working days
With the asset list and family details in hand, a first draft is usually ready in a few working days.
Register at any time in your life
There is no deadline to register a will. Register it the day you sign or years later.
Update it whenever life changes
Section 62 lets you revoke or alter a will at any time while you are competent. The latest valid will prevails, so we date every version clearly and revoke earlier ones in writing.
What happens if there is no will
The default law picks your heirs
Under Section 8 of the Hindu Succession Act, all Class I heirs, such as the widow, sons, daughters and mother, take together.
Heirs co-own everything
Picture a Faridabad flat left to a widow and three children, one of them in Canada. Selling it needs all four signatures. That one signature from abroad can stall the sale for months.
Heirs chase certificates
Banks often ask for a succession certificate or a relinquishment deed from co-heirs before they release an asset.
Frequently asked questions
Is it compulsory to register a will in India?
No, registration of a will is optional. Section 18(e) of the Registration Act, 1908 lists wills among documents that may be registered. An unregistered will is valid if you sign it and it is attested by two witnesses under Section 63 of the Indian Succession Act. Registration helps because the Sub-Registrar keeps a record and a registered will carries a presumption of genuineness. For most families with property, we recommend it.
Is there stamp duty on a will?
No stamp duty is payable on a will, in Haryana or in Delhi. You can write it on plain paper. If you register it in Delhi, the registration fee is ₹600. In Haryana the Sub-Registrar charges the fee in its schedule, which we confirm before your appointment. Stamp duty arises only on lifetime transfers, such as a gift deed. For a will, the cost stays small.
Who can be a witness to my will?
Any adult of sound mind can witness a will, and Section 63 needs at least two. Each witness must see you sign, or receive your acknowledgement of the signature, and then sign in your presence. Avoid beneficiaries and their spouses as witnesses, because Section 67 of the Indian Succession Act makes a bequest to an attesting witness void. A neighbour or your family doctor works well, and we help you line them up.
Can I change my will after registering it?
Yes, you can change or cancel it at any time. Section 62 of the Indian Succession Act lets you revoke or alter a will whenever you are competent to make one. You can make a new will that expressly revokes the old one, or add a codicil for a small change. A later will overrides an earlier registered one even if the later will is unregistered. We still suggest registering the new one too.
Does a will need probate in Haryana or Delhi?
Usually not. Under Section 213 read with Section 57 of the Indian Succession Act, probate is compulsory mainly for wills of Hindus and some others made within, or about property in, the old Calcutta, Madras and Bombay jurisdictions. The Delhi High Court confirmed in 2024 that wills do not mandatorily need probate in Delhi. Haryana is in the same position. Some banks or housing societies still ask for it, and we handle that separately.
What can I include in a will?
You can include only property you own yourself. That covers land, a house, bank balances, shares, a business interest, jewellery and vehicles. Jointly owned property can be willed only to the extent of your share, and property you have already gifted or sold is no longer yours to give. If you buy something new after signing, the residuary clause catches it. We go asset by asset so nothing is missed.
How can I make my will harder to challenge?
Sign it correctly and register it. Use two independent witnesses, get a doctor’s certificate of sound mind if you are elderly, and explain in the will why you are leaving someone less. Section 61 makes a will void if made under fraud, coercion or undue pressure, so the beneficiary should not run the process. Registration then adds a presumption of genuineness, which leaves a challenger very little to work with.
Can an NRI make a will for property in India?
Yes, an NRI can make a will for property in India. It can be signed abroad before two witnesses under Section 63. Registration needs you at a Sub-Registrar office in person, so many NRIs register on their next India visit. Keep the witnesses’ contact details, because one of them may be needed to prove the will later. We draft it for Indian property and coordinate the signing over video calls, so you do not need to fly in.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
There is no stamp duty on a will, so will drafting and registration costs are mainly our fee and the registration fee. Registration in Delhi costs ₹600 at the Sub-Registrar office; in Haryana we confirm the Sub-Registrar’s fee before your appointment.
Ready to begin?
Share a rough list of what you own and who you want it to go to, and we will have a clear draft ready for your review.