Wills, Succession & Probate

Yes, for wills executed by Hindus, Christians, and Parsis in respect of immovable property within the territorial limits of Delhi, Kolkata, and Mumbai, probate from the court is mandatory before the will can be acted upon, under the Indian Succession Act, 1925.

A succession certificate, granted under Part X of the Indian Succession Act, establishes a person's right to collect debts and securities of a deceased person, such as bank balances, fixed deposits, and shares. It is distinct from probate, which deals with a will, and is often needed even where a will exists but does not cover these specific assets.

A caveat can be filed to prevent probate being granted without notice, followed by a contest on grounds such as lack of testamentary capacity, undue influence, or suspicious circumstances surrounding execution. The propounder of the will bears the burden of proving it was validly executed.

The estate devolves according to the applicable personal law of succession — for Hindus, the Hindu Succession Act, 1956 governs the order of legal heirs. We help families obtain the necessary certificates and, where needed, resolve disputes over shares through partition proceedings.