Written and reviewed by Adv. Tanmay S. Shirsat, Advocate, High Court of Bombay. Consultations in English, Hindi and Marathi, in person or by video call. Last updated October 2026.
Probate, Letters of Administration and Succession Certificates
The Indian Succession Act, 1925 provides different remedies depending on the circumstances:
- Probate: A copy of a will certified by the court and granted to the executor named in it, establishing the executor's authority to administer the estate.
- Letters of administration: Granted where there is a will but no executor able to act, or where a person has died without a will, authorising an administrator to manage the estate.
- Succession certificate: Granted for collecting debts and securities of a deceased person, such as bank deposits, shares and other dues.
- Legal heirship: Determining who the legal heirs are under the personal law that applies to the deceased.
Why Probate Matters in Mumbai
For wills to which Section 57 of the Indian Succession Act applies, including wills made within the ordinary original civil jurisdiction of the High Court of Bombay or relating to immovable property there, probate is generally required before an executor or beneficiary can establish rights under the will in court. Housing societies, banks and registrars in Mumbai also frequently ask for probate or letters of administration before transferring property or accounts.
Whether probate is required depends on the facts, the personal law of the deceased, and where the will was made and the property is situated. Advice should be taken before acting on assumptions.
The Probate Process
- Reviewing the will and the estate: Confirming the will, the executor and the assets involved.
- Preparing the petition: Drafting the petition with the will, the death certificate and a schedule of assets and their value.
- Court fee and filing: Paying the court fee calculated on the value of the estate and filing before the competent court.
- Citations and notices: Notice to the legal heirs and publication, so that any objections can be raised.
- Grant: If there is no contest, the court grants probate. If a caveat is filed, the matter proceeds as a contested suit.
Contested Wills and Family Estate Disputes
Disputes arise when heirs question whether a will was validly executed, whether the testator had the mental capacity to make it, or whether it was made under undue influence. Disputes also arise over the partition of inherited property and the shares of co-heirs. These matters require careful handling of evidence, including the testimony of the attesting witnesses to the will.
Documents to Keep Ready
- Original will and any codicils
- Death certificate of the deceased
- Details of the legal heirs and their addresses
- Property documents, share certificates and bank statements
- Society share certificate and correspondence for flats in housing societies