Will
Also called: Testament, Testamentary document
The legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
Explained
Section 2(h) of the Indian Succession Act, 1925 defines a will as the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. Two other definitions are close. Section 3(64) of the General Clauses Act, 1897 says will includes a codicil and every writing making a voluntary posthumous disposition of property, and Section 2(34) of the BNS says will means any testamentary document.
Its essential features are that it operates only on death and is revocable during life. Under Section 59, every person of sound mind not being a minor may dispose of his property by will. Under Section 61, a will or part of it caused by fraud, coercion or such importunity as takes away the testator's free agency is void. Under Section 62 it may be revoked or altered at any time while the maker is competent to dispose of his property by will. A Hindu may dispose of property by will under Section 30 of the Hindu Succession Act, 1956.
Formalities for an unprivileged will are in Section 63: the testator must sign or affix his mark, or another must sign in his presence and by his direction; the signature must be so placed as to show it was meant to give effect to the writing as a will; and it must be attested by two or more witnesses, each of whom saw the testator sign or received his personal acknowledgment, and each of whom signed in his presence; they need not be present at the same time. Soldiers in an expedition or actual warfare, airmen so engaged, and mariners at sea may make privileged wills under Sections 65 and 66.
In proof, a will is a document required by law to be attested, so under Section 67 of the BSA at least one attesting witness must be called if alive and available, and the proviso that dispenses with this for registered documents does not apply to wills. The propounder must prove due execution and sound disposing mind and remove suspicious circumstances. Since a will takes effect only on death, it does not transfer immovable property during the testator's lifetime.
What the law says
(h) “will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
Clause (h) defines will; clause (b) defines codicil
Every person of sound mind not being a minor may dispose of his property by will.
Explanation 1.—A married woman may dispose by will of any property which she could alienate by her own act during her life.
Explanation 2.—Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it.
Who may make a will
Every testator, not being a soldier employed in an expedition or engaged in actual warfare, [or an airman so employed or engaged,] or a mariner at sea, shall execute his will according to the following rules:—
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
Execution and attestation of unprivileged wills
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.
Proof of attested document; proviso excludes wills
Earlier law: IEA 68. Proof of execution of document required by law to be attested.
Section 3, General Clauses Act
(64) “will” shall include a codicil and every writing making a voluntary posthumous disposition of property;
(65) expressions referring to “writing” shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and
Clause (64) defines will to include a codicil
Section 30, Hindu Succession Act
*** Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so [disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.
Explanation.―The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this [section.]
* * * * *
Testamentary succession for Hindus
For the exam
- Section 2(h) Indian Succession Act; operates after death and is revocable (Section 62).
- Unprivileged will: signature of testator and attestation by at least two witnesses (Section 63).
- Witnesses need not be present at the same time (Section 63(c)).
- At least one attesting witness must be called to prove a will, even if registered (Section 67 BSA).
- Fraud, coercion or importunity destroying free agency makes the will void (Section 61).
2,127 questions in the Law Maker question bank use this term. Practise Family Law questions
Judgments
- H. Venkatachala Iyengar v. B.N. Thimmajamma (1958)The propounder of a will must prove its due execution and the testator's sound disposing mind, and must remove any suspicious circumstances by cogent evidence. The will here was not proved, and the appeal was dismissed.
- Suraj Lamp and Industries (P) Ltd. v. State of Haryana (2011)Sale Agreement/General Power of Attorney/Will (GPA sale) transactions do not convey title or create any interest in immovable property; immovable property can be transferred only by a registered deed of conveyance.
Related terms
- CodicilAn instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will (Section 2(b) of the Indian Succession Act, 1925).
- ProbateThe copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (Section 2(f) of the Indian Succession Act, 1925).
- ExecutorA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- AdministratorA person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
- HeirUnder Section 3(1)(f) of the Hindu Succession Act, 1956, any person, male or female, entitled to succeed to the property of an intestate under the Act.
Further reading
- How to Write a Valid Will in India (And the Mistake That Voids Most Home-Drafted Ones), Legal Drive
- The Indian Succession Act, 1925, official text on India Code
- The Bharatiya Sakshya Adhiniyam, 2023, official text on India Code
- The General Clauses Act, 1897, official text on India Code
- The Hindu Succession Act, 1956, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.