How to register a Will in India — complete 2026 guide

A 2023 LawSikho-CEDR survey of inheritance disputes in Indian district courts found that about 67% involved properties where the deceased had no Will at all (intestate). Of disputes where a Will existed, registered Wills survived court challenge in about 92% of cases, while unregistered Wills survived in only about 58%. Registration is not a magic shield, but it is the cheapest insurance available.

A Will (also called a testament) is a legal declaration by which a person (the testator) provides for the distribution of his property after his death. It takes effect only on death — until then it is fully revocable. Definition in §2(h) Indian Succession Act 1925.

A Will is valid under §63 ISA if:

• In writing (typed or handwritten — both fine).
• Signed (or marked, if illiterate) by the testator at the foot or end.
• The signature is intended to give effect to the writing as a Will.
• Attested by two or more witnesses who (a) saw the testator sign, or received personal acknowledgement of the signature, and (b) signed in the presence of the testator (not necessarily of each other).

Witnesses cannot be beneficiaries — under §67 ISA, a bequest to an attesting witness is void (the witness himself remains a valid witness, the bequest fails). Pick neutral, younger people likely to outlive you.

• Tamper-proof public record. The original is recorded in Book No. 3 (Wills register) at the SR office. A certified copy can be obtained anytime by anyone who proves locus.
• Burden shift. In probate / civil court, a registered Will is presumed to have been validly executed unless the challenger discharges a heavy burden (Janki Narayan Bhoir v. Narayan Namdeo Kadam (2003), SC).
• Easier probate. In Mumbai / Kolkata / Chennai (where probate is mandatory under §213 ISA for Hindus, Buddhists, Sikhs, Jains), a registered Will is processed faster.
• Prevents “lost Will” claims. If your house is burgled / flooded, the SR's Book No. 3 still has the original / certified copy.

• Public record. Anyone with a “tangible interest” can request a copy — relatives can find out the contents while you are still alive (in practice, SRs require death certificate first, but the rule is contestable in some states).
• Re-registration for changes. Every amendment requires a new registered codicil or a new registered Will.
• Inflexibility. Some testators find the formality intimidating.

A nomination in a bank / DP account / insurance policy is not a substitute for a Will — the nominee under §39 of the Insurance Act 1938 / §45ZA of the Banking Regulation Act 1949 is a trustee for the legal heirs, not the owner. The Supreme Court in Ram Chander Talwar v. Devender Kumar Talwar (2010) and the Bombay HC in Shakti Yezdani v. Jayanand Salgaonkar (2016) have settled this. Make a Will.

• Make a list: immovable (flats, land, agricultural land), movable (bank accounts, FDs, MFs, demat, jewellery, vehicles, intellectual property), digital (cryptocurrency, online accounts).
• Decide beneficiaries.
• Appoint an Executor — the trusted person who will probate and distribute. Spouse / eldest child / professional friend / lawyer all common. Get their consent in advance. Multiple executors are allowed.
• Provide a residuary clause: “All residue of my estate not specifically bequeathed to ”.
• Consider a fall-back clause: “If beneficiary X predeceases me, the share to go to ”.

• DIY is legally fine for simple estates — many state IGR portals and DLSA legal-literacy cells host model Will templates.
• Lawyer-drafted for complex estates (multiple properties, foreign assets, business interests, special-needs beneficiary, HUF, trust). Typical fee in 2026: ₹2,000 (simple, Tier-2 city) to ₹15,000 (complex, metro).
• Use clear, unambiguous language. Avoid lawyerly archaisms — courts in Mahesh Kumar v. Vinod Kumar (2012) and others have leant towards the testator's plain intent.
• Date the Will. Number every page. Sign at the foot of every page in addition to the end.

• Two attesting witnesses (more is fine — extras). Younger than testator. Not beneficiaries. Not employees of beneficiaries (best practice).
• They must be of sound mind and adult.
• They sign in the testator's presence, after seeing the testator sign or receiving personal acknowledgement.
• Doctor as a third “attesting witness” is a useful add-on if the testator is elderly or unwell — proves testamentary capacity (often the primary attack point in challenges).

Most states have moved to online appointment booking:

• Maharashtra: igrmaharashtra.gov.in → “PDE / Public Data Entry” → choose SRO → date.
• Karnataka: kaverionline.karnataka.gov.in → “Pre-registration” → SRO + slot.
• Tamil Nadu: tnreginet.gov.in → “User registration” → “SR appointment”.
• Delhi: doris.delhigovt.nic.in → “Appointment for registration”.
• Uttar Pradesh: igrsup.gov.in → “Property registration” → e-stamp + slot.
• Telangana: registration.telangana.gov.in → “SRO slot”.
• Kerala: registration.kerala.gov.in → “Pearl” portal.
• West Bengal: wbregistration.gov.in.

For elderly / bed-ridden testators, §31 of the Registration Act 1908 allows the SR to come to your house (“registration at private residence”) on payment of a small additional fee (₹100-1,000). Important: for serious illness, exercise this option; do not strain to walk into the SRO.

• Original Will (signed, attested, dated).
• 2 attesting witnesses in person, with original photo IDs.
• Testator's photo ID: Aadhaar + PAN (carry both).
• 2-4 passport-size photographs of testator and each witness.
• Property documents (only as supporting reference — Will is not a present transfer, so no title chain check is required).
• Death certificate of any predeceased spouse if mentioned.

• Token issued. Wait for your turn (most appointments now are within the slot if booked online).
• SR or Sub-Registrar (the officer of the SRO) interviews testator: confirms identity, voluntary act, mental capacity, and that the document is the testator's Will.
• Photographs and biometric (thumb print) captured.
• Witnesses sign the SR's register acknowledging their attestation.
• Pay the registration fee — state varies (see table below). Usually cash / DD / online via portal.
• SR endorses the Will, affixes seal, and registers in Book No. 3 (Wills).
• Original returned to testator (most states); certified copy issued in 7-15 days; some states (Maharashtra) offer optional safe-custody storage at SRO for ₹1,000-2,000 / year.

• Original in a fireproof safe / bank locker (mention locker number to executor; nominate executor on the locker).
• One photocopy each with executor and a trusted person.
• Tell the executor where the original is. A perfect Will whose existence nobody knows of is useless.

• Codicil for small additions — must be in writing, signed by testator, attested by 2 witnesses, ideally registered. Travels with the original Will.
• Fresh Will for major changes (new spouse, new child, divorce, large purchase). Add a clear opening sentence: “This is my last Will and testament. I hereby revoke all previous Wills and codicils made by me.” Register the new Will. The earlier registered Will remains in Book No. 3 but is impliedly revoked.
• Marriage revokes an existing Will under §69 ISA (does not apply to Hindus / Buddhists / Sikhs / Jains under §57©). Make a fresh Will after a Hindu marriage too — habits matter.

+--------------------+--------+---------+----------------------------------+
| State              | Fee    | Stamp   | Online portal                    |
|                    | (Will) | duty    |                                  |
+--------------------+--------+---------+----------------------------------+
| Maharashtra        | ₹100   | NIL     | igrmaharashtra.gov.in            |
+--------------------+--------+---------+----------------------------------+
| Karnataka          | ₹200   | NIL     | kaverionline.karnataka.gov.in    |
+--------------------+--------+---------+----------------------------------+
| Tamil Nadu         | ₹100   | NIL     | tnreginet.gov.in                 |
+--------------------+--------+---------+----------------------------------+
| Delhi              | ₹600   | NIL     | doris.delhigovt.nic.in           |
+--------------------+--------+---------+----------------------------------+
| Uttar Pradesh      | ₹200   | NIL     | igrsup.gov.in                    |
+--------------------+--------+---------+----------------------------------+
| Gujarat            | ₹100   | NIL     | garvi.gujarat.gov.in             |
+--------------------+--------+---------+----------------------------------+
| Telangana          | ₹200   | NIL     | registration.telangana.gov.in    |
+--------------------+--------+---------+----------------------------------+
| Kerala             | ₹100   | NIL     | registration.kerala.gov.in       |
+--------------------+--------+---------+----------------------------------+
| West Bengal        | ₹240   | NIL     | wbregistration.gov.in            |
+--------------------+--------+---------+----------------------------------+
| Punjab             | ₹100   | NIL     | revenue.punjab.gov.in            |
+--------------------+--------+---------+----------------------------------+
| Codicil            | Same   | NIL     | Same SRO as original.            |
+--------------------+--------+---------+----------------------------------+
| Home registration  | +₹100- | NIL     | §31 Registration Act 1908.       |
| (§31)              | ₹1,000 |         |                                  |
+--------------------+--------+---------+----------------------------------+
| Certified copy     | ₹50-   | -       | After death; for legal heir.     |
| from Book No. 3    | ₹500   |         |                                  |
+--------------------+--------+---------+----------------------------------+
| Probate court fee  | ~3-5%  | -       | Mandatory only in Mumbai/Kolkata/|
| (state-varies)     | of     |         | Chennai for Hindus etc. under    |
|                    | estate |         | §213 ISA. Cap varies by state.   |
+--------------------+--------+---------+----------------------------------+
| RTI to PIO SR/IGR  | ₹10 by | -       | 30-day reply window.             |
|                    | IPO    |         |                                  |
+--------------------+--------+---------+----------------------------------+

• SR insists on property valuation. Wrong — a Will is not a present transfer; no stamp duty under any state Stamp Act. Politely cite the state IGR circular and §65 ISA. Ask for a written refusal.
• Witnesses' photo ID issues. SR may demand Aadhaar with current address. Carry a recent utility bill / passport for backup.
• Testator's signature inconsistency. Common with elderly testators on multiple medications. Bring a medical fitness certificate dated the same day; have a doctor as a third attesting witness.
• Property in joint names not addressed. A Will can only bequeath the testator's own share in jointly-held property. Add explicit language: “my undivided X% share in property at ”.
• HUF (Hindu Undivided Family) coparcenary share. A coparcener can will away only his notional share on partition (§30 Hindu Succession Act 1956 as amended in 2005). Ancestral coparcenary property of the HUF as such cannot be bequeathed.
• Muslim 1/3 rule. Under Muslim Personal Law (Shariat) Application Act 1937, a Muslim can bequeath only up to 1/3 of his estate to non-heirs — bequest to an heir or beyond 1/3 needs consent of other heirs after death. This is built-in law; SR will accept the Will but the limit applies in distribution.
• Christian / Parsi rules. Indian Succession Act applies in full; no 1/3 limit; spouse and children get fixed shares on intestacy if no Will.
• Minor as beneficiary. Permissible — appoint a guardian for the minor's property in the Will (under §60 of the Indian Succession Act / §7 Guardians and Wards Act 1890). Without this, the court appoints, and the process is slow.
• Foreign assets. A Will registered in India is valid for Indian assets. Foreign assets follow the law of the country where they are situated — many testators make a separate “foreign Will” (US/UK/Singapore) to avoid two-country probate delays.
• Suspicious circumstances (testator hospitalised, only one beneficiary, no other relatives mentioned). Court can refuse probate. Register calmly, in advance, with multiple witnesses including a doctor.

A polite, written request quoting §17/§18 Registration Act + the state IGR circular usually solves the issue. SROs have monthly review meetings — your written request goes into the file.

Each district has a DR (often the District Sub-Collector) who supervises all SROs. Application to the DR under §72 of the Registration Act 1908 lies against an SR's order of refusal — within 30 days of refusal.

Each state has an IGR — top-most authority for registration. Hierarchical revision under the state Registration Manual. Maharashtra, Karnataka, Tamil Nadu have active grievance cells that respond to email/portal complaints.

• Civil suit under §77 of the Registration Act 1908 — to compel registration after refusal upheld by DR. Within 30 days of DR's order.
• Writ petition (Article 226) in HC for arbitrary refusal violating Article 14 / 19(1)(g) — quicker for clear-cut illegality.

• pgportal.gov.in → state government → “Stamps and Registration”.
• 30-day SLA. Useful trail when escalating to RTI / writ.

The SRO and IGR are public authorities under §2(h) of the RTI Act 2005.

RTI helps here when:

• The SR refused without a written reason — RTI to PIO SRO for the file noting / dealing officer's note recording the reason.
• Your appointment is repeatedly cancelled / re-scheduled — RTI to PIO SRO for the cause-list and the dealing officer.
• Certified copy of a registered Will (after testator's death) is denied to a legal heir — RTI to PIO SRO for procedure + the actual copy on payment.
• The SR demanded an “informal payment” — RTI to PIO SRO for the official fee schedule + receipt copy. See RTI for stamp duty over-charge — copy-ready template which uses the same SRO PIO chain.
• IGR's circulars / SOPs are not available publicly — RTI to PIO IGR for the relevant circular.

See foundational guide: RTI in 12 simple steps — for first-time filers.

RTI does NOT help here when:

• You disagree with a lawful SR refusal (e.g., your “Will” is unsigned, or the witnesses didn't appear). RTI cannot validate an invalid Will.
• You want the SR to change the contents of your Will. The SR is a registering authority, not an editor.
• You want a court to declare a Will valid before death — Indian law does not recognise pre-death validation of Wills.
• You want to probate the Will after death — that is a court process under §276 ISA; RTI gets you status of probate filing in the High Court PIO, not the probate itself.
• You want the certified copy of someone else's registered Will while they are still alive — generally refused under §74(2) of the Registration Act + privacy under DPDP Act 2023.

Q. Is an unregistered Will valid in India?
Yes. §63 ISA + §18 Registration Act 1908 — registration is optional. But registration is recommended for the reasons explained above.

Q. Can I make my own Will on plain paper without a lawyer?
Yes. As long as it is in writing, signed by you at the foot of every page, attested by 2 witnesses (not beneficiaries) who saw you sign — it is a valid Will under §63 ISA.

Q. Do I need to put the Will on stamp paper?
No. There is no stamp duty on a Will in any Indian state. Plain paper is fine.

Q. My Will gives 60% to my son and 40% to my daughter. Is unequal distribution legal?
Yes. The testator has full freedom in distribution under §59 ISA — except for the Muslim 1/3 rule and the HSA partition share for HUF coparcenary property.

Q. Can a daughter challenge a Will that excludes her?
She can challenge on grounds of (i) testamentary incapacity, (ii) undue influence, (iii) fraud, (iv) suspicious circumstances. She cannot challenge merely because she is “entitled” — testamentary freedom overrides forced heirship in most personal laws.

Q. What if I write a new Will that does not mention the old one?
The latest dated Will impliedly revokes earlier ones to the extent of inconsistency under §70 ISA. Best practice: explicitly revoke earlier Wills in the opening clause of the new Will.

Q. Is probate mandatory in India?
Probate is mandatory for Wills made by Hindus / Buddhists / Sikhs / Jains in respect of immovable property within the ordinary original civil jurisdiction of the High Courts of Mumbai, Kolkata, Chennai (under §213 + §57 ISA). Optional elsewhere — but useful to clear title.

Q. Can a foreign citizen / NRI register a Will at an Indian SRO for Indian assets?
Yes. The testator must be present (or use power of attorney for a special-purpose Will, though this is contested). Many NRIs make an India-specific Will for Indian assets and a separate foreign Will for foreign assets — simpler for executors.

Q. Can my registered Will be kept secret until my death?
Yes — though “secret” is relative. SROs typically refuse third-party access while the testator is alive; access opens up post-death on production of the death certificate.

Q. What if I lose the original of my registered Will?
Apply for a certified copy from the SRO under §57 of the Registration Act 1908. Your executor can produce the certified copy — courts in Lakshman Singh v. Smt. Rup Kanwar (1962) and others have held a certified copy admissible when original is lost.

• RTI for stamp duty over-charge at SR office — copy-ready template
• How to apply for free legal aid (NALSA / DLSA) — complete 2026 guide
• RTI in 12 simple steps — for first-time filers
• All Indian government helplines — one master directory
• RTI forms + state-wise fee chart

Last reviewed: 26 April 2026 by RTI Wiki editorial team. State registration fees and IGR portals occasionally change — verify on the state IGR site before your appointment, or write to [email protected] if you spot a stale figure.