Should Wills Be Made in the City of Origin, or Where the Assets Are?

If you were born in Mumbai, now work in bustling Bengaluru, own a flat in Pune, and still have family ties pulling you back to parents in Delhi, you're in good company—millions of Indians lead these “multi-city lives.” But when it comes time to make a Will, one nagging question pops up: “Where should I actually sign it – in my city of origin, or in the city where my assets really are?” It might seem like a minor detail, but getting this right can make all the difference in how smoothly (or stressfully) things go for your family down the line.

Let’s break this down in simple, practical terms, without the jargon overload.

First things first: Let's discuss what makes a Will Valid?

According to the Indian Succession Act, 1925, a Will is defined as a person's written instructions regarding their wishes, on who should get what with respect to their assets after their death.

To be valid, a Will must satisfy the following criteria:

1. You must be an adult of sound mind, and you must create the Will voluntarily.

2. The Will must be in writing (handwritten or typed).

3. You sign it, and two witnesses also sign after seeing you sign.

Did you notice something very important here? None of the above points talks about where you must sign your Will (like any specific city in India). Legally, you can execute your Will in any city in India, as long as these conditions are fulfilled. No special stamp paper is needed, and stamp duty is not payable on Wills.

So, if the requirements for making a valid Will don't depend on the city in which you reside, why does the location of the city matter at all?

Why Does The City Matter?

(Need a hint: Probate)

The answer to this lies in the concept of probate. Probate refers to a court order that certifies the authenticity of a Will and confirms the authority of the executor or beneficiaries listed in the Will.

As per sections 57 and 213 of the Indian Succession Act, 1925, probate is mandatory for all Wills made by individuals specified in section 57, within the original civil jurisdictions of the High Courts of Mumbai (Bombay), Chennai (Madras), and Kolkata (Calcutta), or whose Wills pertain to immovable property located in those jurisdictions.

In simpler terms, the city where you sign your Will and the city where your immovable property is located can determine whether or not your family will be required to obtain probate before they can legally act on the Will.

Real-Life Example: Mumbai Roots, Bengaluru Life

Picture this scenario:

Rohan is a man who was originally from Mumbai, but has lived in Bengaluru for the last five years. He currently owns a flat in Bengaluru and does not have any property in Mumbai. His dilemma revolves around the question of: “Should I sign my Will when I am visiting Mumbai, or should I just sign it in Bengaluru?”

Here are the implications of each possible course of action:

• If Rohan executes his Will in Mumbai, the Will would fall under the rule that requires probate prior to its reliance in any legal proceeding, since the Will was signed in the original civil jurisdiction of the Bombay High Court.

• If he signs his Will in Bengaluru and the only immovable property he has is in Bengaluru (outside those jurisdictions mentioned above), there is typically no automatic requirement for probate, unless the Will is challenged.

So, for someone like Rohan, it is often more practical to sign the Will in Bengaluru, where his assets are located, so that his family will not have to undergo the mandatory probate process in Mumbai later.

Now ask yourself: Which city is your “Bengaluru” - the place where your daily life is centered, and where your primary & core assets are located?

City of origin vs. City of assets: how should you choose?

You can use a simple mental checklist:

1. Where are most of my major immovable assets (like flat, land, house) located?

2. Do I own any property in Mumbai, Chennai, or Kolkata?

3. Where would my witnesses and family members who may need to deal with the administrative burden of the estate post my death find it the easiest to handle the paperwork and other formalities?

In general, if your major immovable assets are mostly in one city outside of Mumbai, Chennai, or Kolkata, then signing your Will in that city of assets or your current city of residence is usually the cleanest option. It keeps witnesses, paperwork, and any future formalities aligned to one jurisdiction.

However, if you have property in Mumbai, Chennai, or Kolkata, you should be prepared: probate may be required in any case for that part of the estate, because of how Sections 57 and 213 operate together.

Quick Q&A: What People Typically Ask

Q: Is it possible to register a Will in any part of India?

A: Yes, a Will may be registered at the Sub-Registrar's Office in the Sub-District where the Will was executed, where you reside, or where any property to which the Will relates is situated. Registration is optional, but it provides evidentiary value.

Q: What if I relocate to another city after making my Will?

A: Your existing Will remains valid; relocation does not invalidate or void the Will. You can execute a new Will or Codicil if you need or desire –the last valid Will takes precedence.

Q: Does payment of stamp duty strengthen a Will?

A: No, as per the Indian Stamp Act, 1899, Wills do not require stamp duty; therefore, plain paper is acceptable provided the Will is properly executed and witnessed.

Q: Should my witnesses be local residents?

A: While there is no specific legal requirement that witnesses to a Will must be local residents, choosing reliable and easily accessible witnesses facilitates the ability to simplify probate proceedings and future verification of the Will.

How does AasaanWill fit into this scenario?

There is also the practical question of: “Do I need to be physically settled in one city to even initiate the Will-making process?” Not really.

With AasaanWill, you can begin your Will-making journey from wherever you are and then execute your Will in the City that makes the most sense for your particular circumstances:

• You sign up and fill in your details on AasaanWill's secure guided platform, where you also list your assets, choose heirs, and set out your wishes in a structured format.

• AasaanWill assist you in creating a Will through their online guided process, where you can review and modify details until you are satisfied with the final draft of the Will.

• AasaanWill also offers customized Will drafting options tailored to your asset locations and family needs across cities.

For those with property and assets across multiple cities (including NRIs), AasaanWill offers secure digital storage and easy access to your Will & other related documents, so that your family can locate it quickly regardless of where you execute your Will.

So while your heart and emotional ties may be to your city of origin, your Will can be carefully crafted and thoughtfully executed in the City where your assets and the convenience of your heirs are most readily available.

Still unsure about what is right for you?

If questions such as these continue to pop into your head—

“What if I later purchase a flat in another city?”

“Can I revise my Will if I move back to my hometown?”

“What happens if my children are living in a different State?”

—Keep in mind that you can always update your Will at any time by creating a new one. The last valid Will supersedes all prior versions of your Will. The biggest advantage is not choosing the perfect city to sign your Will and be stuck in that forever, but ensuring you have a clear & valid Will today that matches and reflects your current assets and life.

Practical Takeaway

At the end of the day, the best city to sign your Will is usually the city where your key immovable assets and everyday life are actually based, not just where your roots are. Choosing that city often reduces future paperwork, avoids unnecessary probate in some cases, and makes things far easier for your family to handle when they need it most. By combining that thoughtful choice of location with a clearly drafted Will through a professional platform like AasaanWill, you give your loved ones clarity, convenience, and peace of mind—without getting lost in legal technicalities.