Making a will
Who may make a will, and how must it be signed and attested? (ss. 59 and 63, Indian Succession Act, 1925; for Muslims, s. 58(1) and Muslim personal law)
PRACTICE AREA / 04
Thoughtful documents for personal intentions.
Wills, codicils, nominations and family arrangements, beginning with an understanding of the family, the assets and the wishes a person wants recorded.
The laws covered: Indian Succession Act, 1925 · Hindu Succession Act, 1956 · Banking Regulation Act, 1949 · Registration Act, 1908
SUBJECTS WITHIN THIS AREA
Who may make a will, and how must it be signed and attested? (ss. 59 and 63, Indian Succession Act, 1925; for Muslims, s. 58(1) and Muslim personal law)
Does a nominee on a bank account own the money, or receive it for the heirs? (s. 45ZA, Banking Regulation Act, 1949)
Must a will be registered, and can it be deposited for safe keeping? (ss. 18(e) and 42, Registration Act, 1908)
A PRACTICAL STARTING POINT
Use these prompts to organise your thinking. Your answers stay on this page and are not submitted or saved. This is not an assessment or certification.
0 of 5 topics considered
COMMON QUESTIONS
The applicable personal law, succession legislation and the nature and location of the assets differ from person to person.
India Code: Indian Succession Act, 1925 ↗No. Personal law, the location and ownership of assets, family circumstances and execution requirements can all change the position.
Not necessarily. It depends on the asset and the statute that governs it. The related article explains the position for bank accounts.
RELATED READING
Since 1 November 2025 you can name up to four nominees on a bank deposit, but the nominee's right to receive the money is not the same as a right to keep it.
ASWEERAAH ASSOCIATES
You may close this tab, read the disclaimer, or return to the acknowledgement.