Family disputes in Mumbai often turn on a single flat: who inherits it, who the society recognises as the member, and whether elderly parents can stay in it. This page covers custody, guardianship, inheritance, probate, maintenance of parents and other family matters as they work in Mumbai's courts and offices, and what to prepare before speaking to an advocate.
Divorce, maintenance, custody and other matrimonial cases in Mumbai are heard by the Family Court at Bandra (Bandra-Kurla Complex). Family Lawyers in Mumbai advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.
Family advocates in Mumbai hear a wide mix of problems. A parent dies and siblings disagree over the flat in a co-operative housing society, with one claiming it as the nominee. Children want to sell a parent's flat but the bank or buyer asks for probate of the will. Elderly parents in a Dadar or Borivali flat face harassment from a son or daughter-in-law and want them to leave. A separated parent wants regular access to a child who has been taken to another city. A couple wants to adopt a child legally. Families living in old tenanted chawl rooms or pagdi premises want to know who becomes the tenant after the original tenant dies. Some families also face a dispute after a relative dies abroad leaving bank accounts or a flat in Mumbai. Others need a will, a family settlement deed or a gift deed drafted so that disputes do not arise later.
Different laws apply to each problem. Custody and guardianship are governed by the Guardians and Wards Act, 1890 and, for Hindus, the Hindu Minority and Guardianship Act, 1956, with the welfare of the child as the main test. Inheritance among Hindus follows the Hindu Succession Act, 1956, under which daughters have equal coparcenary rights; other communities follow the Indian Succession Act, 1925 or their personal law. Probate and succession certificates are issued under the Indian Succession Act. Adoption is governed by the Hindu Adoptions and Maintenance Act, 1956 and the Juvenile Justice (Care and Protection of Children) Act, 2015, with procedure under the CARA regulations. Elderly parents can claim maintenance and protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Nominations in housing society flats are dealt with under the Maharashtra Co-operative Societies Act, 1960 and the society's bye-laws.
Custody, guardianship, maintenance and other matrimonial family disputes in Mumbai city and suburban district are heard by the Family Court at Bandra in the Bandra-Kurla Complex. Because Mumbai is a presidency town, wills made in Mumbai or relating to immovable property here generally need probate, and probate and letters of administration petitions are filed on the testamentary side of the Bombay High Court or, depending on value, in the City Civil Court. Partition suits and disputes over family property go to the City Civil Court or to the Original Side of the Bombay High Court, depending on the value of the property.
Claims by senior citizens for maintenance or eviction of abusive children are heard by the Maintenance Tribunal set up for the area under the 2007 Act. Domestic violence applications go to the Metropolitan Magistrate. Disputes over membership and nomination in a housing society can go to the society, the deputy registrar of co-operative societies or the Co-operative Court, and tenancy succession disputes are often heard by the Court of Small Causes. Adoption orders are now passed by the District Magistrate under the Juvenile Justice Act.
Custody, guardianship and visitation petitions at the Family Court at Bandra, including relocation of a child to another city or abroad and enforcement of access orders. The child's routine, schooling and wishes, depending on age, carry real weight.
Drafting wills, probate and letters of administration in Mumbai, succession certificates for bank accounts and shares, and partition of family property. Getting heirship settled early makes later transfers of the flat far easier.
Maintenance and eviction claims under the Senior Citizens Act, society nomination and membership disputes, and family settlement or gift deeds for flats. Gift deeds of flats must be registered and stamped under Maharashtra law.
Family matters can involve the Family Court, the High Court's testamentary side, the City Civil Court and the co-operative authorities, so ask which forums the advocate regularly appears before. A good fit is someone who explains the realistic outcome under succession law and does not discourage settlement where it is sensible. Verify enrolment with the Bar Council of Maharashtra and Goa. Bring complete documents and a clear family tree to the first meeting, and decide which family member will give instructions, so that siblings or relatives do not contradict each other.
Ask for the fee in writing and take receipts, including for court fees, which in probate depend on the value of the estate. Senior citizens, women, children and people with low income may qualify for free legal aid through the Mumbai City or Mumbai Suburban District Legal Services Authority or by calling 15100. Mara Vakil is free for clients: you describe your matter at no cost and enrolled advocates contact you.
On Mara Vakil you describe your matter once and enrolled advocates who handle family matters in Mumbai can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter
Generally yes, if the will was made in Mumbai or deals with immovable property in Mumbai, because the Indian Succession Act requires probate for such wills in presidency towns. Societies, banks and buyers often ask for it. The petition is filed on the testamentary side of the Bombay High Court or in the City Civil Court, depending on value.
Not by nomination alone. The housing society can transfer membership to the nominee, but the nominee holds the flat subject to the rights of the legal heirs under the will or succession law. Other heirs can claim their share through the proper proceedings.
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents can apply to the Maintenance Tribunal for maintenance and protection. Courts have accepted that, in suitable cases, the tribunal can order a child who harasses parents to leave the parents' house. Each case depends on its facts.
Custody and guardianship petitions are usually filed in the Family Court at Bandra if the child ordinarily resides in Mumbai. The court decides on the welfare of the child, and the parent without custody is usually given visitation. Interim custody and access orders can be passed early in the case.
Adoption of children in need of care is done through the CARA online system, where prospective parents register and complete a home study. After matching, the District Magistrate passes the adoption order under the Juvenile Justice Act. Relative adoptions and Hindu adoptions have their own procedures.
Succession to a tenancy under the Maharashtra Rent Control Act is limited to certain family members who were living with the tenant. It is not the same as inheriting ownership. The landlord's consent and the rent receipts in the new name matter, so take advice before redevelopment or sale talks begin.
No. Describing your matter and booking a first consultation with an enrolled advocate is free. Any fee for further work is agreed directly between you and the advocate.
Other help in Mumbai:
Family Lawyer in other cities:
Guide: How to file divorce in India
This page gives general information about the law in Mumbai, Maharashtra. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
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