[ Family format ]

Will Format for Hindus under the Indian Succession Act

Sections 59, 61, 63 and 68, Indian Succession Act, 1925; Section 30, Hindu Succession Act, 1956; Section 18, Registration Act, 1908 (optional registration)

Free sample · Word, print and copy · Updated 12 November 2026

Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.

A will is a written declaration of how a person (the testator) wants his or her property to pass after death. Under Section 30 of the Hindu Succession Act, 1956, a Hindu, Sikh, Jain or Buddhist may give away by will any property he or she can lawfully dispose of, including his or her interest in coparcenary (joint family) property. The will takes effect only on death and can be changed or revoked any time before that.

For the will to be valid, Section 63 of the Indian Succession Act, 1925 requires that the testator sign it (or put a mark), and that at least two witnesses each see the testator sign and themselves sign in the testator's presence. No stamp paper is needed and registration is optional. A will is different from a gift deed, which transfers property immediately and must be stamped and registered, and from a nomination, which usually only names who will receive money on behalf of the legal heirs.

Made by: Any adult of sound mind (S.59 Indian Succession Act)
Witnesses: At least two; they must not be beneficiaries or spouses of beneficiaries
Stamp paper: Not required; plain paper is valid
Registration: Optional, under S.18 Registration Act; can also be deposited in a sealed cover with the Registrar
Probate: Not compulsory anywhere after S.213 was omitted in December 2025, but often useful
Can be changed: Yes, by a new will or a codicil, any time before death

When to use this format

You want your property to go to particular people in particular shares, instead of the default rules of intestate succession.
You want to provide for a spouse, a dependent parent, a child with special needs, or a person who is not a legal heir.
You have minor children and want to name a guardian for them.
You want to appoint a trusted executor to manage your estate and avoid disputes among heirs.
To change only part of an existing will, use a codicil. Muslims should use the Muslim will format, which follows different rules.

Will for a Hindu, Sikh, Jain or Buddhist

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Replace everything in [square brackets] with your own details. Delete lines that do not apply.

WILL

I, [FULL NAME OF TESTATOR], S/o / D/o / W/o [FATHER'S OR SPOUSE'S NAME], aged about [AGE] years, by religion [HINDU / SIKH / JAIN / BUDDHIST], residing at [FULL ADDRESS WITH PIN], holding [AADHAAR / PAN] No. [LAST 4 DIGITS ONLY], make this Will on [DATE] at [PLACE].

1. REVOCATION
I revoke all wills, codicils and other testamentary documents made by me before this date, and declare this to be my last Will.

2. DECLARATION OF CAPACITY
I am of sound mind and fully understand what I am doing. I am making this Will of my own free will, without any pressure, coercion, fraud or undue influence from any person, after thinking carefully about the needs of my family.

3. MY FAMILY
(a) Spouse: [NAME], aged [AGE] [OR: My spouse [NAME] died on [DATE]].
(b) Children: [NAME], [SON / DAUGHTER], aged [AGE], residing at [ADDRESS]; [NAME], [SON / DAUGHTER], aged [AGE], residing at [ADDRESS].
(c) Parents: [NAME(S)] [OR: My parents are no more].
[(d) Other dependants: [NAME AND RELATIONSHIP].]

4. MY PROPERTY
I am the absolute owner of, and entitled to dispose of by will, the following property:
(a) Immovable property: [FLAT / HOUSE / PLOT / AGRICULTURAL LAND] bearing No. [NUMBER], situated at [FULL ADDRESS], measuring [AREA], purchased by me under Sale Deed No. [NUMBER] dated [DATE] registered at the office of the Sub-Registrar, [PLACE] [OR: inherited from [NAME]] (Schedule A property).
(b) Bank accounts and deposits: Savings account No. [LAST 4 DIGITS] and fixed deposits with [BANK, BRANCH].
(c) Investments: Shares and mutual funds held in demat account No. [LAST 4 DIGITS] with [DEPOSITORY PARTICIPANT]; [PPF / NSC / BONDS].
(d) Jewellery and valuables: [DESCRIPTION], kept at [HOME / LOCKER No. [NUMBER] AT [BANK]].
(e) Vehicles: [MAKE AND MODEL], Registration No. [NUMBER].
(f) My [SHARE IN COPARCENARY / JOINT FAMILY PROPERTY OR BUSINESS], if any: [DESCRIPTION].
(g) Any other property I may own or become entitled to at my death.

5. BEQUESTS
I give my property as follows:
(a) Schedule A property to [NAME OF BENEFICIARY], my [RELATIONSHIP], absolutely.
(b) All amounts in my bank accounts and fixed deposits, after payment of my debts and funeral and testamentary expenses, to [NAME] and [NAME] in equal shares, absolutely.
(c) My jewellery to [NAME], my [RELATIONSHIP], absolutely.
(d) My vehicle to [NAME], absolutely.
(e) A sum of Rs. [AMOUNT] to [PERSON / REGISTERED CHARITY WITH ADDRESS].

6. IF A BENEFICIARY DIES BEFORE ME
If any beneficiary named above dies before me, the share meant for that beneficiary shall go to [THAT BENEFICIARY'S CHILDREN IN EQUAL SHARES / [NAME] / FORM PART OF THE RESIDUE UNDER CLAUSE 7].

7. RESIDUE
All my remaining property of every kind, wherever situated, that is not given by this Will, including property I acquire after this date, shall go to [NAME(S)] [IN EQUAL SHARES], absolutely.

8. [REASON FOR UNEQUAL SHARES (OPTIONAL)]
[I have not given any share to [NAME] / have given a smaller share to [NAME] because [REASON, e.g. already provided for during my lifetime]. This is a considered decision.]

9. GUARDIAN FOR MINOR CHILDREN
If any of my children is a minor at the time of my death and the other parent is not alive, I appoint [NAME], residing at [ADDRESS], as guardian of the person and property of that child. Property given to a minor shall be held for the minor until the age of [18 / 21] years.

10. EXECUTOR
I appoint [NAME OF EXECUTOR], S/o / D/o [NAME], aged [AGE], residing at [ADDRESS], as the executor of this Will [and, if that person is unable or unwilling to act, [NAME OF ALTERNATE EXECUTOR], residing at [ADDRESS]]. The executor shall pay my debts and funeral and testamentary expenses, collect my assets and distribute them under this Will, and may [RECEIVE NO REMUNERATION / RECEIVE Rs. [AMOUNT] FOR THE WORK].

11. NOMINATIONS
Where I have made a nomination in a bank account, deposit, insurance policy, provident fund or investment, the nominee shall receive the amount for the purpose of distributing it according to this Will, except where the law makes the nominee the beneficial owner.

12. NUMBER OF PAGES
This Will consists of [NUMBER] pages, and I have signed at the bottom of each page.

IN WITNESS WHEREOF I have signed this Will at [PLACE] on [DATE] in the presence of the witnesses named below, who have signed in my presence.

[SIGNATURE OF TESTATOR]
[FULL NAME OF TESTATOR]

ATTESTATION

We certify that the above-named testator, [NAME], signed this Will in our presence, and each of us has signed below as a witness in the presence of the testator. To the best of our judgment, the testator was of sound mind and signed it voluntarily. Neither of us, nor the spouse of either of us, is a beneficiary under this Will.

Witness 1:
Signature: ____________________
Name: [NAME]
S/o / D/o [NAME]
Address: [FULL ADDRESS]
Date: [DATE]

Witness 2:
Signature: ____________________
Name: [NAME]
S/o / D/o [NAME]
Address: [FULL ADDRESS]
Date: [DATE]

[OPTIONAL — MEDICAL CERTIFICATE]
I, Dr. [NAME], [QUALIFICATION], Registration No. [NUMBER], examined [NAME OF TESTATOR] on [DATE] before the Will was signed, and found the testator to be of sound mind and able to understand the nature and effect of the Will.
[SIGNATURE AND SEAL OF DOCTOR]

How to fill it in

Describe property preciselyFor land and flats, give the full address, area, survey or flat number and the sale deed number and date. For bank accounts and investments, the last four digits and the bank or depository are enough. Unclear descriptions are the main cause of disputes and delays.
Dispose only of what you ownYou can will your self-acquired property and your own share in coparcenary or jointly owned property, but not the shares of other co-owners. If a property is jointly owned with a spouse, say so.
Always add a residue clauseClause 7 catches every asset you forgot or acquire later. Without it, those assets pass by the default rules of intestate succession.
Plan for a beneficiary dying firstIf a beneficiary dies before you, the gift ordinarily lapses. Clause 6 says who gets that share instead.
Choose independent witnessesSection 63 requires at least two attesting witnesses. Choose two adults who are not beneficiaries and are likely to be available later. A Hindu will is not defeated if a beneficiary signs as a witness, and the gift to that person is not lost for that reason, because Section 68 says an interest under the will does not disqualify a witness. But a beneficiary-witness invites a challenge, so independent witnesses are far safer.
Sign correctlySign at the end and at the bottom of each page, in the presence of both witnesses. Each witness signs in your presence. Use the same pen and date, and keep the testator, witnesses and (if used) doctor together at one sitting.
Store it safely and tell the executorKeep the original in a safe place and tell the executor where it is. You may register it with the Sub-Registrar, or deposit it in a sealed cover under the Registration Act. Registration is not compulsory, but it makes the will harder to challenge or lose.

Documents to attach

Title documents of each immovable property (sale deed, gift deed, partition deed, mutation records)
Details of bank accounts, deposits, demat accounts, insurance policies and provident fund accounts
Identity proof of the testator, and of the witnesses if the will is registered
Medical certificate of sound mind (optional, but useful if the testator is elderly or ill)
Passport-size photographs of the testator and witnesses (for registration)
Registration fee, which varies by state, if the will is registered

Probate after the 2025 amendment

Until December 2025, Section 213 of the Indian Succession Act made probate compulsory for wills of Hindus, Sikhs, Jains, Buddhists and Parsis made in, or dealing with immovable property in, the old presidency towns of Kolkata, Chennai and Mumbai. The Repealing and Amending Act, 2025, which received the President's assent on 20 December 2025, omitted Section 213, so probate is no longer compulsory for any community.

Probate is still available under Section 276 and is often worth obtaining. Housing societies, banks and registrars may still ask for it before transferring property, and a probated will is conclusive against everyone. See the probate petition format.

Common mistakes

Making a beneficiary, or a beneficiary's spouse, an attesting witness. The gift is not void for a Hindu will, but it hands a challenger an easy argument about independence.
Witnesses signing at different times or not in the testator's presence.
Leaving out a residue clause, so forgotten assets pass outside the will.
Giving away property that is not wholly the testator's, such as another co-owner's share.
Assuming a nominee in a bank or insurance policy automatically overrides the will.
Writing the will on stamp paper or getting it notarised and treating that as a substitute for two attesting witnesses.

Frequently asked questions

Does a will need to be on stamp paper or notarised?

No. A will needs no stamp duty and can be written on plain paper. Notarisation is not required and does not replace the two attesting witnesses that Section 63 of the Indian Succession Act requires.

Is it compulsory to register a will?

No. Registration of a will is optional under Section 18 of the Registration Act, 1908. A registered will is not automatically valid, but registration helps prove that the testator executed it and protects the original from loss.

Can a Hindu write a will for ancestral or joint family property?

Yes, but only for his or her own share. The Explanation to Section 30 of the Hindu Succession Act allows a Hindu to dispose of his or her interest in a Mitakshara coparcenary property by will. The shares of other coparceners cannot be willed away.

Can a will be changed later?

Yes. The testator can revoke or change a will any number of times before death, by making a new will that revokes the earlier one or by adding a codicil. The latest valid will prevails.

Who can be a witness to a will?

Any adult of sound mind, including a relative or the executor. A beneficiary or the spouse of a beneficiary can legally witness a Hindu will without losing the gift, but it is better to avoid them, because it invites a challenge. The witnesses need not read the will.

Is probate required for a will in Mumbai, Chennai or Kolkata?

Not any more. Section 213 of the Indian Succession Act, which made probate compulsory for Hindu wills connected with those cities, was omitted by the Repealing and Amending Act, 2025, which received the President's assent on 20 December 2025. Probate remains available and may still be asked for by banks or housing societies.

Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.