Making a Will in India: City of origin or city of assets, what really matters

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Writing a Will is one of the simplest ways to make sure your money and property go to the people you intend. Yet a very common doubt keeps coming up: should you sign your Will in the city you grew up in, or in the city where you now live and hold most of your assets? With families living across states and financial assets spread over multiple locations, this is a fair question. The good news is that, in most cases, the law is more flexible than people assume.

Indian law does not insist that a Will must be made in the same city or state where your assets are located. A Will that is validly executed in one part of India is generally recognised across the country, as long as basic conditions are met. These include clearly stating that the document is your Will, signing it at the end and having two independent witnesses sign in your presence.

For that reason, most people end up making their Will in the city where they currently live. It is simply more convenient to meet a lawyer, fix an appointment with witnesses and keep a copy safely where you can access it. If your life or finances change, it is also easier to update or rewrite the Will when you are in your primary city of residence.

Your city of origin, by itself, carries no special legal status unless you still have your permanent home or significant property there. What really matters is that the Will clearly lists assets across cities and states, so that your executor can start the paperwork without confusion when the time comes.

While the Will can be signed anywhere, the actual transfer of property after your death depends on local rules where each asset is situated. A flat in Mumbai, a house site in Bengaluru and land in Punjab may each involve different procedures for mutation, registration and local tax records. Banks, insurers and mutual fund houses will also apply their own processes and insist on updated KYC before releasing money.

This is why the Will should describe assets in enough detail: full address for properties, folio or account numbers for financial assets and any supporting documents that will make city specific formalities smoother. When most of your immovable property is in one state, some lawyers prefer executing and registering the Will there, simply because probate and related filings may be easier with the local courts and authorities.

However, even in states where probate is commonly required, such as Maharashtra or West Bengal, the Will does not have to be written there. It only needs to be probated in the court that has jurisdiction over the property in question.

For most people, the most sensible place to execute a Will is the city where they actually live. Your witnesses are usually friends, neighbours or colleagues who are easier to coordinate with locally. You can store the original safely at home or in a local bank locker, and your family knows where to find it.

If you divide your time between two cities, the place where you spend most of the year and handle your day-to-day finances is usually the better choice. Non-resident Indians who own property in India often go a step further and keep two separate Wills: one covering Indian assets and another for overseas assets, governed by local law in each country. Even then, an Indian Will for Indian assets can be validly signed abroad as long as it follows Indian succession rules and is properly witnessed.

In practice, inheritance disputes rarely arise because a Will was signed in the “wrong” city. They usually come from vague wording, missing assets, contradictory bequests or an executor who is unwilling or unable to act. A clear, well drafted Will that names a sensible executor, lists assets carefully and leaves unambiguous instructions will carry far more weight than the geography of where it was signed.

Once you sign the document properly in the presence of two witnesses, a Will made in any Indian city can cover assets spread across the country. Rather than worrying about whether to use your city of origin or your current city, it is far more important to actually put your wishes on paper, keep the document updated and make sure your family knows where it is kept.