Skip to content
Fri, 18 Sep 2026 Policies, schemes, jobs and law — tracked daily
Law New

The Indian Succession Act, 1925

Ministry Of Law and Justice

Published 18 September 2026

In short

The Indian Succession Act 1925 sets out the rules for making a valid will (signed and attested by two witnesses) and governs intestate succession for Christians and Parsis, with its will-making provisions also extended to Hindus, Buddhists, Sikhs and Jains under Section 57.

Key facts

Year
1925
Act number
Act No. 39 of 1925
Administered by
Ministry Of Law and Justice
In force from
30 September 1925

The Indian Succession Act governs the law of wills, intestate succession and probate for most communities in India (excluding Hindus, Muslims and certain other communities that follow their own personal succession laws in specific matters), and is the primary reference for making a valid will.

Section 63 lays down the requirements for a valid will, including that it be signed by the testator and attested by at least two witnesses who saw the testator sign. Section 57 extends most of the Act’s testamentary provisions to Hindus, Buddhists, Sikhs and Jains as well, meaning the Act’s will-making rules are broadly applicable across religions.

Chapter III deals with intestate succession for Christians and Parsis when a person dies without a will, laying down the order of priority among spouse, children and other relatives for inheriting the estate.

Section 213 requires probate (court validation) of a will in certain cases, particularly for Christians in specific jurisdictions, before the executor can establish rights in court based on the will, and Section 222 deals with the grant of probate to executors named in the will.

Key penalties

  • Section 57: Extends most testamentary (will-related) provisions to Hindus, Buddhists, Sikhs and Jains
  • Section 63: Requirements for a valid will - signed by testator, attested by at least 2 witnesses
  • Chapter III: Rules of intestate succession for Christians and Parsis
  • Section 213: Probate requirement for establishing rights under a will in certain jurisdictions
  • Section 222: Grant of probate to executors named in a will

Frequently asked questions

What makes a will valid under the Indian Succession Act?

It must be signed by the testator and attested by at least two witnesses who witnessed the signing, under Section 63.

Does the Indian Succession Act apply to Hindus?

Its testamentary (will-related) provisions apply to Hindus, Buddhists, Sikhs and Jains under Section 57, though intestate succession for Hindus follows the separate Hindu Succession Act.

Is probate mandatory for all wills in India?

No, probate is mandatory only in specific cases, particularly for Christians in certain jurisdictions, under Section 213.

Before you apply: confirm every date, fee and eligibility rule on the official website linked on this page. Public and Policy is an independent portal, not a government body, and details change without notice.