IndiaCan I create a will jointly with my spouse?
No, Indian law does not allow joint wills — each person must make their own separate will.
What the Law Says
The Indian Succession Act, 1925 governs the making of wills in India. It recognises only individual wills — there is no provision for joint or mutual wills.
A will is defined as 'the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death'. Under Indian law, only a person who is of sound mind and not a minor can make a will.
Section 63 of the Indian Succession Act, 1925 lays down the formal requirements for executing a valid will: it must be signed by the testator (or by someone in their presence and by their direction), and attested by at least two witnesses who have seen the testator sign or acknowledge the signature.
Importantly, the Act does not recognise joint wills — i.e., a single document executed by two or more persons (e.g., spouses) expressing their testamentary intentions together. Each person must execute their own independent will.
Statutory TextNo person may by will dispose of any property which he could not have disposed of by gift inter vivos.
— Indian Succession Act, 1925, s. 59 — Who may execute a will
Statutory TextEvery testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the rules contained in this section.
— Indian Succession Act, 1925, s. 63 — Execution of unprivileged wills
What Courts Have Said
Indian courts have consistently held that joint wills lack statutory recognition and are invalid unless treated as two separate, concurrent wills.
The Court held that a document styled as a 'joint will' executed by husband and wife was invalid as a joint instrument; however, it could operate as two independent wills if each part satisfied Section 63 requirements.
The Supreme Court observed that while mutual wills (where parties agree to bind themselves to dispose of property in a particular way) may be enforceable in equity, they are not recognised as joint wills under the Indian Succession Act.
What to Do
Each spouse must draft and sign their own separate will.
Ensure both wills comply with Section 63: signed by the testator and attested by two independent witnesses.
Avoid language suggesting mutual or joint operation — e.g., 'we hereby bequeath…' — as it may invalidate the instrument.
Consider consulting a lawyer to draft wills that reflect individual intentions clearly and avoid ambiguity.
Store original wills safely and inform executors of their location.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.