04 — So the home passes the way it was meant to

Succession, Wills & Probate

Wills drafted to be proved, probate and letters of administration, succession and heirship certificates, and transmission of a flat after a member's death.

A hand holding a set of house keys in front of an open front door

Heard before

  • Bombay High Court (Testamentary and Intestate Jurisdiction)
  • City Civil Court, Mumbai
  • Housing societies and Sub-Registrar offices, for transmission

The law that applies

  • Indian Succession Act, 1925
  • Hindu Succession Act, 1956
  • Maharashtra Co-operative Societies Act, 1960 (nomination and transfer)

Families come to us after a death with a will in a drawer, a society asking for “papers”, and a bank that has frozen an account. What they need is a clear route from here to the flat in the right name.

Probate in Mumbai

Wills made within the ordinary original civil jurisdiction of the Bombay High Court fall under Section 57 of the Indian Succession Act, and for those wills a court grant of probate is needed before an executor can establish rights under the will in court. Many families learn this only when a buyer’s advocate asks for the grant. We tell you at the first meeting whether your case needs it.

Nomination is not inheritance

A society nomination lets the society transfer the share to the nominee; it does not decide who owns the flat. When the family agrees, a registered release or a family arrangement settles it. When it does not, the succession law that applies to the deceased decides — and we act accordingly.

Wills that can be proved

We draft wills to be proved, not merely signed: clear identification of the property, attesting witnesses who can be found later, and a record of the execution.

How a succession & probate matter usually moves

  1. 01

    Map the estate

    Who the legal heirs are, what the deceased owned, and whether a will exists — written up as a short note before anything is filed.

  2. 02

    Choose the route

    Probate, letters of administration, a succession certificate or a simple family arrangement — whichever the assets and the family actually need.

  3. 03

    Petition and notice

    The petition is filed with the documents and affidavits; notice goes to the heirs and, where required, is published.

  4. 04

    Grant and transmission

    Once granted, we take the grant to the society, the bank and the Sub-Registrar so the assets actually move.

Every matter is different; this is the usual path, not a promise of one.

Matters in this area

See them in the full index
  • FilingProbate & letters of administrationPetitions before the Bombay High Court's testamentary jurisdiction, and the City Civil Court where it applies.Indian Succession Act, 1925
  • FilingSuccession certificateFor bank deposits, shares and debts owed to the deceased.Indian Succession Act, 1925 — Section 372
  • AdvisoryTransmission of a society flatNomination, heirship papers, indemnities and the society's transfer — so the flat moves to the right name.
  • DraftingWill drafting & executionA will written to be proved — the property clearly identified and the execution properly witnessed.

Book a consultation

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Advocates in this area

  • Adv. Meera KulkarniPartner

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