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You have generated your Online Will. Two adults must witness you sign it — but who can these two people be, what do they actually do at the signing, and what mistakes commonly void a bequest? Section 63 of the Indian Succession Act and its supporting sections explain the rules. Here is what they mean in practice.
Section 63 of the Indian Succession Act, 1925, requires that: (a) the testator sign or affix a mark to the Will, or the Will be signed by another person in the testator's presence and by his direction; (b) the signature be so placed that it appears to give effect to the writing as a Will; (c) the Will be attested by two or more witnesses, each of whom has seen the testator sign or has received a personal acknowledgement of the signature; and (d) each witness sign the Will in the presence of the testator, though not necessarily in the presence of each other.
Every valid Indian Will (except privileged Wills for soldiers/sailors/airmen) must satisfy all four requirements. There is no exception for simple estates, wealthy testators, or Wills drafted through questionnaires.
The witness must be an adult of sound mind capable of understanding the act of witnessing. There is no requirement that the witness be an advocate, judge, notary, or bank officer — any competent adult qualifies.
Historical practice in India often uses two 'respectable' witnesses (a doctor and a chartered accountant, for example) to reinforce the Will's evidentiary weight in future probate. This is not required for validity — it is a practical choice to make probate smoother.
For most testators, two neighbours, two colleagues, two friends, or a friend-and-relative pair (non-beneficiary) are all perfectly acceptable.
Section 67 of the Indian Succession Act voids any bequest to an attesting witness, or to the spouse of an attesting witness. The Will itself remains valid; only the specific bequest to the witness (or their spouse) fails.
Example: You Will 20% of the residuary to your daughter. You then have her sign as one of the two witnesses. The Will is valid; her 20% bequest fails; her 20% falls into the residuary sweep to other beneficiaries or into intestate defaults if there is no residuary structure to catch it.
This is one of the most common causes of failed bequests. Always double-check that neither witness is a beneficiary or a beneficiary's spouse.
Section 63 does not require the witnesses to sign in each other's presence — only in the testator's presence. But it does require each witness to have either seen the testator sign or received the testator's personal acknowledgement of the signature.
In practice, the cleanest ceremony is: all three (testator plus two witnesses) sit together at one place. The testator signs first, then witness one signs, then witness two signs. Each has physically seen the others sign. This avoids any dispute later about whether the section 63 witnessing was proper.
If it is truly impossible to gather all three, the testator can sign alone, then meet each witness separately, acknowledge the signature as their own, and have the witness sign in the testator's presence. This is legally valid but harder to prove years later.
Section 63 does not strictly require the testator or witnesses to initial every page. But it is universal practice — because pages that are not initialled can later be alleged to have been substituted.
A properly signed Will has: the testator's full signature at the foot of the last page in the signature block, the testator's initials at the bottom-right of every page, both witnesses' full signatures at the foot of the last page in the attestation block, and both witnesses' initials at the bottom of every page.
Do not staple additional pages to the Will after signing. Do not use a paperclip. Print the Will on non-loose paper, ideally bound at the top-left corner or set in a plain folder, with all pages present at the signing.
The Online Will's attestation block typically includes a formal declaration signed by both witnesses: 'We hereby certify that we have seen the testator sign this Will in our presence and each other's presence, and that the testator did so voluntarily and of his/her own free will, being of sound mind at the time.'
This declaration is not itself required by section 63 but it protects the Will against future challenges on capacity or undue influence grounds. If a challenger later alleges that the testator was coerced or was not of sound mind, the witness declarations become evidence to the contrary.
On the day you sign your Will:
That is the ceremony. Fifteen to twenty minutes end-to-end. Once complete, the printed document is a legally-operative Will under Indian law.
In probate, the Will must be proved. Traditionally, this means the witnesses testify. If a witness has died or is untraceable, alternative evidence can be produced — but the process is harder.
Practical protection: choose witnesses who are (a) reasonably younger than you, (b) resident in India where possible, and (c) individuals whose ongoing contact details you will maintain. Some testators keep a small file with witness contact information alongside the Will so the executor can locate them later.
If both witnesses have died before probate is sought, section 68 of the Indian Evidence Act allows the Will to be proved by the testimony of one witness (a limited exception). If neither is available, the Will can be proved by handwriting evidence, circumstantial evidence, or by producing the register in the case of a registered Will.
Registration does not replace section 63 witnessing — you still need the two witnesses at the private signing before you go to the sub-registrar. Registration is a supplementary step that adds evidentiary value.
At the sub-registrar's office, the testator will be asked to acknowledge the Will and its execution. The witnesses may or may not need to attend the registration depending on state practice — many state sub-registrar's offices require both witnesses to attend and sign the register. This is why we recommend registering the Will within a few days of the initial signing, while all three of you are still available.
Registration cost varies by state (₹1,500-₹5,000 typically). Whether to register is a personal choice — most Online Will customers do not. If your Will contains bequests that might be challenged, registering is a useful defensive step.
Print. Gather two witnesses. Sit down. Read. Sign. Initial. Have them sign. Have them initial. Store. Tell the executor. That is it.
This process converts a PDF into a Will. Once done, you have executed the most important estate-planning act available to you under Indian law.
This is general legal information, not legal advice. For your specific circumstances — particularly around registration, unusual bequests, or witness selection — consult a Law Tarazoo advocate.
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