Kagaznama

Mutual Will by Spouses

At a glance

Price
Free
Stamp duty
No stamp duty — this operates on death, not as a present conveyance.
Registration
Optional (s.18(e)); if presented, each spouse's execution must still satisfy s.63.
Witnesses
Each spouse's execution must comply with s.63(c); two common witnesses sign in the testators' presence.

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Also called

  • joint testamentary arrangement
  • spouses mutual will

When you need it

Coordinated testamentary instructions for spouses — the first death, and what passes after the survivor. S.62, Indian Succession Act preserves revocability, so this doesn't create an irrevocable spousal contract — dispositions stay separately attributable unless a reviewed contract is added.

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Each spouse's execution needs s.63 (two witnesses). State whether the survivor takes absolutely or for life, and name ultimate beneficiaries plus substitution if a child predeceases. Registration optional (s.18(e)).

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp duty — this operates on death, not as a present conveyance.

Registration

Optional (s.18(e)); if presented, each spouse's execution must still satisfy s.63.

Notarisation

Not required, and cannot cure defective execution by either spouse.

Witnesses

Each spouse's execution must comply with s.63(c); two common witnesses sign in the testators' presence.

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Sample preview — placeholder answers, not your data

MUTUAL WILL BY SPOUSES

Execution date: 2 April 2026 at Chandigarh.

I, Harpreet Singh, of House 118, Sector 21, Chandigarh, born 1 April 2026, make this testamentary instrument while recording my personal-law context as Hindu, Buddhist, Sikh or Jain testator, domicile/residence as Punjab, and marital status as Married. My spouse is Naina Singh.

FAMILY AND DEPENDANTS

Children/descendants: Aarav Singh, son; Meera Singh, daughter.. Other dependants: Widowed sister receives monthly support..

PROPERTY AND LIABILITIES

Immovable assets: House 118, Sector 21, Chandigarh; self-acquired.. Financial assets: Bank deposits ending 1188; demat folio ending 4422.. Business interests: 25% partnership interest in ABC Associates.. Digital assets: Domain names and cloud-stored family photographs; access instructions held separately.. Liabilities: Home loan already closed; no secured debt..

PRIOR TESTAMENTARY RECORD

Prior wills/codicils: Earlier will dated 01 January 2020..

SPOUSAL TESTAMENTARY PLAN

The coordinated testators are X, of X, and X, of X. The survivor-gift structure is Surviving spouse receives the first-deceased spouse's residuary estate absolutely.

MUTUALITY AND REVOCABILITY

The recorded understanding is Each spouse makes a separate revocable will in a coordinated instrument. Nothing in this clause creates an unstated contractual bar to a competent testator exercising the revocation power recognised by law.

ULTIMATE BENEFICIARIES

Ultimate plan: Children equally, with descendants of a predeceased child taking that child's share.. Survivor obligations: Pay shared debts and preserve documents; no restriction beyond the gifts expressly stated..

ADMINISTRATION BASELINE

Specific bequests: Family jewellery to Meera Singh; car to Aarav Singh.. Residuary plan: Residue passes to the named residuary beneficiary. Residuary beneficiaries: Aarav Singh and Meera Singh equally.. Substitute beneficiaries: If either child predeceases, that child's descendants take that share.. Minor-beneficiary position: All intended beneficiaries are adults. Debts/taxes/expenses: Pay lawful debts and administration expenses from residue before distribution.. Funeral/ceremonial wishes: Simple family ceremony; no extravagant expenditure.

LEGAL BASIS

Punjab: Sections 59 and 63 of the Indian Succession Act, 1925 govern testamentary capacity and execution of an unprivileged will; section 63 requires the testator's signature/mark and attestation by two or more witnesses. Section 18(e) of the Registration Act, 1908 makes registration of a will optional, and section 40 identifies who may present a will for registration. A Punjab Sub-Registrar receives a will presented during the testator's lifetime; the Revenue Department's published table, checked on 6 September 2026, puts a Will at a registration fee of Rs 4,000, facilitation charges of Rs 500 and the Rs 200 pasting fee that applies to every document. It has no line for one instrument made by two testators, so ask the counter whether it charges once or once for each spouse; the table bears no date either. Section 62 recognises revocation or alteration of a will while the maker remains competent. Section 58 keeps the Act's testamentary provisions away from a Muslim's property: Muslim law governs a Muslim's will and limits a bequest to one-third of the estate without the heirs' consent, so a Muslim testator should not use this form.

Questions about this document

Does the Mutual Will by Spouses need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty — this operates on death, not as a present conveyance.

See the full position on stamp duty, registration and witnesses
Does the Mutual Will by Spouses need registration in Punjab and Chandigarh?

Optional (s.18(e)); if presented, each spouse's execution must still satisfy s.63.

See the full position on stamp duty, registration and witnesses
What does the Mutual Will by Spouses cost on Kagaznama?

Free.

Documents are free. Only kits are paid.

Does the Mutual Will by Spouses need witnesses?

Each spouse's execution must comply with s.63(c); two common witnesses sign in the testators' presence.

See the full position on stamp duty, registration and witnesses

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