What makes a will valid in India?

Lesson 40 of 53 · Writing a will · 3 min read · Reviewed 29 Oct 2026

Quick answer

Under section 63 of the Indian Succession Act, you sign the will, and at least two witnesses sign it in your presence, each having seen you sign. They needn’t be there at the same time. Registering a will isn’t required. A nominee collects the money, but the will and succession law decide who owns it.

Write it down, sign it, and have two witnesses each sign in your presence after seeing you sign.

If the will is challenged, at least one witness may be called to prove it, so pick people who can be found.

A nominee receives the money first, but the will decides who keeps it.

Key idea: List each account and asset, name an executor, and update the will after a marriage, birth or sale of property.

Sources

Try the short quiz on this page to check what stuck.

Common questions

Does a witness have to be a lawyer?

No. Any adult can witness.

Can a beneficiary witness?

It is best not to; pick two people who gain nothing.

Does a nominee own shares?

No. The Supreme Court held in Dec 2023 that a nominee for shares doesn’t become the owner.

More lessons

For learning only, not investment advice. Built in India by a team that tracks its own money on Reva.