Who gets Dad’s land?
Inheritance Share Calculator
Exact shares for widow, sons, daughters, mother and grandchildren under Hindu law.
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In India a will needs no stamp paper and no special form: it is valid if it is in writing, signed by you, and attested by two witnesses who each saw you sign (Indian Succession Act, s.63). Registration is optional, and since December 2025 probate is no longer compulsory anywhere in India. Fill in your details, beneficiaries, gifts of property and witnesses, and this tool writes a complete will format — revocation, executor, specific gifts, residue, guardian and attestation clause — and warns you if a witness is also a beneficiary.
Free · No sign-up · Runs privately in your browser· Figures checked 28 October 2026
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LAST WILL AND TESTAMENT I, [your full name], S/o [parent's name], aged about [age] years, Hindu by religion, holder of ID [ID no.], resident of [address], do hereby make, publish and declare this to be my last Will and Testament (this "Will"). 1. REVOCATION. I revoke all earlier wills, codicils and testamentary writings made by me, and declare this to be my last Will. 2. DECLARATION. I make this Will in a sound and disposing state of mind and in good health, of my own free will, after fully understanding its contents, and without any coercion, fraud or undue influence by anyone. 3. EXECUTOR. I appoint [executor's name], my [relation], resident of [executor's address], as the Executor of this Will. The Executor shall pay my just debts, funeral expenses and the costs of carrying out this Will, and then distribute my estate as set out below. 4. SPECIFIC GIFTS. I give and bequeath the following: (a) my agricultural land, [village, district, khasra / survey no., area], being my self-acquired property — to [Beneficiary 2's name], my son, absolutely. 5. RESIDUE. All the rest of my property, movable and immovable, wherever situated, including bank accounts, deposits, investments, jewellery, vehicles and any property I may acquire after this Will, and anything not effectively given above (the "residue"), I give and bequeath to [Beneficiary 1's name], my wife, absolutely. 6. IF A BENEFICIARY DIES BEFORE ME. If any beneficiary dies before me, that gift shall go to his / her children in equal shares, and if he / she leaves no children, it shall form part of the residue of my estate. 7. BENEFICIARY DETAILS. For identification, the beneficiaries named in this Will are: 1. [Beneficiary 1's name], my wife, resident of [address] 2. [Beneficiary 2's name], my son, resident of [address] 8. GENERAL. If any part of this Will is held invalid, the rest shall remain in force. Headings are for convenience only. IN WITNESS WHEREOF I have signed this Will, consisting of ____ pages, each page bearing my signature, at [place] on [date], in the presence of the witnesses below. TESTATOR: _______________________ [your full name] ATTESTATION We, the undersigned, certify that the Testator, [your full name], signed this Will as his last Will in our presence, on the date and at the place written above, while in a sound state of mind; and that each of us, at the Testator's request, has signed below as an attesting witness in the presence of the Testator. Neither of us, nor the husband or wife of either of us, is a beneficiary under this Will. 1. Signature: ____________________ Name: [Witness 1] Occupation: [occupation] Address: [address] 2. Signature: ____________________ Name: [Witness 2] Occupation: [occupation] Address: [address]
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A draft to review with a lawyer before you sign — not legal advice, and we strongly recommend a lawyer checks it, especially for ancestral property, NRIs, second marriages or a family member being left out. Under s.63 of the Indian Succession Act, 1925 a will must be signed by you and attested by two witnesses who each saw you sign; no stamp paper is needed. A gift to a witness or a witness’s spouse is void (s.67). Muslim wills follow Muslim personal law.
A valid will in India needs three things under Section 63 of the Indian Succession Act, 1925: it is signed by you (the testator), it is attested by at least two witnesses, and each witness saw you sign, or heard you acknowledge your signature, and signed in your presence. Hindu, Sikh, Jain and Buddhist wills follow the same rules through Section 57.
There is no prescribed form, no stamp paper and no stamp duty. A will can be typed or handwritten, in any language. A good format still includes a revocation of earlier wills, a declaration of sound mind, an executor, an exact description of each property, a residue clause for everything else, and an attestation clause — all of which this generator writes for you.
Registration is optional under Section 18 of the Registration Act, 1908, and an unregistered will is equally valid. Registering it is still recommended: the sub-registrar records that you appeared and admitted signing, which makes 'it was forged' much harder to argue, and the original cannot simply disappear.
Probate is no longer compulsory anywhere in India. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act with effect from 20 December 2025, which used to require probate for some wills in Mumbai, Chennai and Kolkata. An executor can still apply for probate if a dispute is likely, or if a bank or buyer insists.
You can leave your self-acquired property, and property you inherited that is now fully yours, to anyone you choose. For ancestral or joint-family (coparcenary) property, you can leave only your own undivided share (Hindu Succession Act, s.30). Your children's shares — daughters included since 2005 — are theirs by birth, so a will cannot give them away.
Muslims follow Muslim personal law, under which generally only up to one-third of the estate can be left by will, and a bequest to an heir needs the other heirs' consent. India has no inheritance tax, so beneficiaries pay no tax on what they receive under a will.
An NRI can make a will for property in India while living abroad, signed before two adult witnesses where they live. If you have, or will make, a will in your country of residence, limit the Indian will to your assets in India so that one does not revoke the other — the generator adds this clause when you tick the NRI box.
Appoint an executor who lives in India and can visit the tehsil and the bank. NRI and OCI beneficiaries can inherit Indian property, including agricultural land, because FEMA allows acquisition by inheritance. You can register the will on a trip home.
Letting a beneficiary, or a beneficiary's husband or wife, witness the will: under Section 67 the will stays valid but the gift to that witness becomes void. The tool flags a witness whose name matches a beneficiary. Other common mistakes are vague property descriptions, no residue clause, no alternate if a beneficiary dies first, and no executor.
Most disputes claim the testator was not of sound mind or was pressured. If you are elderly or unwell, add a doctor's certificate signed the same day, explain in the will why anyone is left out, and keep the beneficiaries out of the room when you sign. Have a lawyer review the draft before you sign.
Yes. A will needs no stamp paper and no stamp duty. It can be typed or handwritten on plain paper, as long as you sign it and two witnesses attest it under Section 63 of the Indian Succession Act.
Any adult of sound mind who sees you sign. Do not use a beneficiary or a beneficiary's spouse — under Section 67 the gift to that witness becomes void. The executor may be a witness if they get nothing under the will.
No. Registration of a will is optional under Section 18 of the Registration Act, 1908. A registered will is harder to challenge and is kept on government record, so it is worth doing on your next visit to the sub-registrar.
Sign the will where you live in front of two adult witnesses who get nothing under it. Limit it to your Indian assets if you also have a will abroad, name an executor in India, and register it on a trip home if you can. Probate is no longer compulsory.
Yes. A will can be revoked or changed at any time during your life (Indian Succession Act, s.62). Make a fresh will that revokes the old one, or a codicil signed and witnessed in the same way as the will.
Who gets Dad’s land?
Exact shares for widow, sons, daughters, mother and grandchildren under Hindu law.
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