When is probate of a will required and what is the procedure to obtain it?

Question

My father left a registered will and owned property in Mumbai. Do I need to obtain probate before I can act on the will? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "When is probate of a will required and what is the procedure to obtain it?" turns on Indian Succession Act 1925, Section 213, Indian Succession Act 1925, Section 276 and Indian Succession Act 1925, Section 57. The points below set out the position and then what to do about it, in the order it should be done.

Section 213 of the Indian Succession Act 1925 provides that no right as an executor or legatee can be established in court unless probate of the will has been obtained, in cases where probate is mandatory.

Under Section 57, probate is compulsory for wills made by Hindus, Christians and Parsis within the territorial limits of the former Presidency towns of Mumbai, Chennai and Kolkata, and for wills made outside those areas concerning property situated there.

Section 276 requires the executor or legal representative to file a petition for probate before the district court or High Court, attaching the original will and proof of the testator's death.

The court issues a citation inviting objections from interested parties, and if none are sustained, grants probate, which is conclusive evidence of the will's validity and the executor's authority.

For Muslims, probate is generally not required, since Muslim law does not mandate court validation before an executor or heir can deal with the deceased's estate under the will.

In practice, in this order: 1) File a probate petition in the appropriate district court or High Court with the original will attached; 2) Publish the mandatory citation in a newspaper inviting objections from interested parties; 3) Attend the hearing and address any objections or caveats filed by other heirs; 4) Collect the probate order and use it to transfer assets and bank accounts to the beneficiaries.

Timing matters here: Indian Succession Act 1925, Section 213 works on limitation periods, so a probate of will india claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.