In Mumbai, a will often has to pass through probate before it can be acted on. This page explains how wills, probate and succession work in the city and helps you book a free consultation with an enrolled advocate.
Because Mumbai is one of the presidency towns, wills made within the original civil jurisdiction of the Bombay High Court, or relating to immovable property there, generally need probate before the executor can act. Will & Estate 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.
Estate questions in Mumbai usually revolve around one or two valuable assets, most often a flat in a co-operative housing society, along with bank deposits, shares and mutual funds. People come for help when they want to write a will that will not be easily challenged, when a parent has died and the society or bank is asking for probate, or when siblings disagree about whether a will is genuine. Others need to transfer shares or a flat where there is no will at all, or a nominee is claiming that the nomination makes them the owner.
The Indian Succession Act, 1925 governs the making of wills, the formalities of execution and probate. A will must be in writing, signed by the person making it and attested by two witnesses who saw the signing; registration is optional. A beneficiary should not act as a witness, because a bequest to an attesting witness can be void. Where there is no will, Hindus, Buddhists, Sikhs and Jains inherit under the Hindu Succession Act, 1956, under which daughters have equal rights, while Muslims follow personal law, which generally limits a will to one-third of the estate unless the heirs consent.
Mumbai has an important rule that does not apply in most Indian cities. Under Section 57 of the Indian Succession Act, probate is compulsory for wills made by Hindus, Buddhists, Sikhs and Jains where the will was made in, or concerns immovable property in, the original civil jurisdiction of the Bombay, Calcutta and Madras High Courts. An executor cannot establish rights under such a will in court without probate. Since Mumbai falls within the original civil jurisdiction of the Bombay High Court, most such wills relating to the city need probate before they can be enforced.
Probate petitions and petitions for letters of administration relating to Mumbai are filed in the testamentary jurisdiction of the Bombay High Court, which has original civil jurisdiction within the city. The petition is supported by the original will, an affidavit of an attesting witness and a schedule of assets, and notice in the form of citations is issued to the legal heirs. If no one objects, the court grants probate after scrutiny. If a caveat is filed, the petition is converted into a testamentary suit and tried like a civil suit with evidence.
Disputes about the estate that are not about the validity of the will, such as partition or accounts between heirs, may be civil suits before the Bombay High Court or the City Civil Court at Fort depending on value. Applications for succession certificates for debts and securities are filed before the competent court. Appeals from a single judge's decision in a testamentary matter go to a Division Bench of the Bombay High Court. Your advocate will confirm the correct court for your particular estate.
Bombay High Court
District Court or the High Court for probate and succession certificates; Civil Court for estate disputes
Marathi, Hindi and English
Estate work in Mumbai ranges from quiet drafting to contested testamentary suits, so ask whether the advocate regularly files probate petitions in the Bombay High Court and whether they also draft wills that anticipate challenges. Verify the advocate's enrolment number with the Bar Council of Maharashtra and Goa or their State Bar Council. Bring a full list of assets, heirs and existing nominations, and be open about family disagreements, since they shape how the will or petition should be prepared.
Agree on the scope and fee in writing, such as drafting a will only, filing an uncontested probate, or handling a testamentary suit if a caveat is filed. Fees depend on the advocate and the matter, and court fee is separate. Ask for receipts and copies of all filings. Mara Vakil helps you find an enrolled advocate and book a free consultation; it does not give legal advice and charges clients nothing to find or consult advocates.
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For wills made by Hindus, Buddhists, Sikhs and Jains that were made in Mumbai or concern immovable property in Mumbai, probate is compulsory under Section 57 of the Indian Succession Act, because the city lies within the Bombay High Court's original civil jurisdiction. An executor cannot establish rights under such a will in court without it. For other communities, your advocate will explain the position.
No, registration of a will is optional. A will is valid if it is in writing, signed by the testator and attested by two witnesses. Registering it with the Sub-Registrar can make it easier to prove later.
An uncontested probate, where heirs consent, generally moves faster than a contested one. If a caveat is filed, the matter becomes a testamentary suit and takes as long as a civil trial. Having complete papers and heir consents ready helps avoid delay.
A nominee under the society's records generally holds the flat on behalf of the legal heirs or beneficiaries under a will, and does not become the owner just by nomination. Ownership is decided by the will or the law of succession. Disputes can be taken to the appropriate court.
The estate passes to legal heirs under the Hindu Succession Act, 1956, Muslim personal law or the Indian Succession Act, depending on the religion of the deceased. Heirs may need letters of administration, a succession certificate or a legal heir certificate, depending on the asset and the institution.
Yes. A will can be challenged on grounds such as lack of proper execution, the testator not being of sound mind, undue influence or forgery. In Mumbai, such challenges commonly arise when a caveat is filed in the probate petition before the Bombay High Court.
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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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