How do I execute a registered will in India?
Asked by: Roxane Cronin | Last update: October 2, 2025Score: 4.1/5 (57 votes)
Adding sign and witnesses to the will – After the will has been drawn up and completed, it is necessary to sign it along with mentioning the date. Moreover, it is necessary to get it attested by two witnesses who merely need to witness that you have signed the will in their presence.
What is the process of execution of will in India?
The process to execute a will
The will have to be attested by at least two or more witnesses. Each of the witnesses should be among the people who were present at the time of signing, making a mark of the will, by either the maker or the person to whom the authority has been given.
Can a will be executed without probate in India?
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
Is an executor necessary for a will in India?
It is not mandatory to name an executor in the will.
Is there a time limit for execution of will in India?
The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial. There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.
The Law of Will - How to execute will in India - Dhananjay Sharma
How long do you have to execute a will after death?
That being said, it is never a good idea to delay the inevitable. California Probate Code section 8001 specifies that the executor has 30 days after the decedent's date of death and after learning they are the nominated executor to petition the court for administration of the estate.
How to execute a foreign will in India?
For the purposes of enforcement of a foreign Will (Will registered abroad) in India, the foreign Will would require to be authenticated by way of obtaining a probate from the concerned court or authority in the relevant foreign country.
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
What is the cost of probate of will in India?
All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1. 50 lakh depending upon the advocate and complications involved in your probate work.
What happens to bank account when someone dies without a will in India?
In case someone dies, and there's no named beneficiary, POD (payable-on-death), a will, or any legal heir or relatives that will be found, then any assets in that account are going to be turned over to the bank by default.
Does a will need to be notarized in India?
Ensure that the witness is a trustworthy person and should not be a beneficiary to avoid the conflict of interest. There is no need to notarize a will in India and thus need not to notarize the signatures of the witnesses in the presence of a notary.
How do I probate a registered will in India?
The application for probate shall be signed and verified by the executor or beneficiary. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.
What happens if a property is left in will sold before death?
When a property is sold before death the gift fails. However the beneficiary designation does take place outside of the will and you should only need to present a certified copy of the death certificate and your id to receive the funds.
Who are legal heirs of deceased in India?
If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate.
What is the first thing an executor of a will should do?
First, find the latest will
If you think the person left a will, your first task will be to track down the latest version. This is usually a relatively easy step, but an important one. Be prepared to have to dig through paperwork, and also to deal with surprises and challenges during this part of the process.
Who keeps the original copy of a will?
So, who keeps the original copy of a will? Typically, the original copy is at the deceased person's property, with their executor, or at their attorney's law firm.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
How long is a will valid in India?
Meghna Mishra, Partner of law firm Karanjawala & Co, says, "There is no limitation period under the succession laws to challenge a will and the legal heirs may challenge a will at any time on the grounds mentioned in the Indian Succession Act, 1925.
Who Cannot be an executor of a will in India?
The executors should be over 18 and of sound mind. A beneficiary in a will can be appointed as an Executor. The executors should be professional, organized, business-like, good with financial matters and willing to dedicate considerable amounts of time to the administration of the estate.
What makes a will null and void?
Fraud – The decedent was deceived into creating a new will, amending their will or revoking their will. Forgery – A decedent's will was fraudulently signed by someone other than the decedent. Lack of Due Execution – The legal protocol for executing a will was not followed precisely.
Is a Will written in the USA valid in India?
Wills made in other jurisdiction are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will.
What is the procedure for execution of Will in India?
Procedure to get a Will executed
Any will is executed after the document is signed by the testator in presence of the witnesses, ideally two but the will is to be registered through registrar after paying required stamp duty to register the document.
How do I prove a Will is valid in India?
Proving of 'Will':
Will needs to be attested by two or more witnesses, each of whom must have seen the testator sign or affix his mark to the 'Will' and further, each of the witnesses to the 'Will' should have signed the 'Will' with the requisite animus attestandi.