How to Make and Register a Will in Karnataka
The problem
You want your property to go to the right people after you. Without a will, your family may face disputes, delays and court cases.
Example: A retired couple in Bengaluru want their flat to go to their daughter, who cares for them, and their savings to be shared among all three children.
What the law says
A will is governed by the Indian Succession Act, 1925. It must be in writing, signed by you, and attested by two witnesses who see you sign. Registration of a will is optional under the Registration Act, 1908, but it makes the will much harder to challenge. In Karnataka, a probate is generally not compulsory for wills made by Hindus.
What you can do – step by step
- List your assets: property, bank accounts, investments, jewellery and vehicles.
- Decide who gets what, and name an executor to carry out the will.
- Write it clearly in simple language. Describe each property with its address and survey or site number.
- Sign before two witnesses. They should not be people who receive property under the will.
- Register it at the Sub-Registrar’s office for extra safety. You need to be present in person.
- Keep it safe and tell the executor where it is. You can change or cancel a will at any time by making a new one.
Documents to keep
- Title documents of the properties
- ID and address proof of you and the witnesses
- A medical certificate of sound mind, if you are elderly or unwell
Mistakes to avoid
- Leaving out property or using vague descriptions.
- Using beneficiaries as witnesses.
- Forgetting ancestral property you may not be free to give by will.
Contact
To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Civil, Property & Consumer practice.
This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.