Probate of Will
Probate is a court’s certificate that a will is genuine and that its executor may act on it. Under Section 213 of the Indian Succession Act, 1925, it is compulsory only for certain wills, mainly those made in, or dealing with immovable property in, Mumbai, Chennai and the old Bengal territories including Kolkata. We check whether your will needs it and draft the petition papers for your review.
What it is
Probate is a copy of the will, certified under the seal of the court, granting administration of the estate to the executor. Once granted, it establishes the will from the testator’s death and validates what the executor did in the meantime (Section 227).
Probate is granted only to an executor appointed by the will (Section 222). If the will names no executor, or the executor will not act, the court can grant letters of administration with the will annexed to a legatee instead (Section 232).
A probate confirms the will and the executor’s authority. It does not decide title; a title dispute still goes to a civil suit.
Who it applies to
You are named as executor
Only the executor can apply for probate, so if you are named, the petition is yours.
The estate includes property in Mumbai, Chennai or Kolkata
A Hindu, Sikh, Jain or Buddhist will that deals with immovable property in those areas needs probate before a legatee can claim under it in court, wherever the testator lived.
A bank or society is asking for it
Outside those areas probate is optional. In practice, a bank, society or company may still ask for it before acting on a will, and a probate answers that demand once.
Why it matters
Prove the will once
Once probate is granted, nobody has to prove the signatures and witnesses again at every office.
Give the executor clear authority
A bank or housing society can act on the executor’s word without collecting every heir’s signature.
Bring disputes out early
Citations go to the family, so any objection comes out now, not years later.
When probate is mandatory
Section 213(1) says no right as executor or legatee can be established in any court unless probate (or letters of administration with the will annexed) has been granted. Section 213(2) then limits that rule:
| Whose will | Is probate compulsory? |
|---|---|
| Muslims | No. Section 213 does not apply. |
| Indian Christians | No. Section 213 does not apply. |
| Hindus, Buddhists, Sikhs, Jains | Only for wills in Section 57(a) and (b): made within the territories under the Lieutenant-Governor of Bengal on 1 September 1870, or within the ordinary original civil jurisdiction of the High Courts at Madras and Bombay; or made elsewhere but dealing with immovable property situated there. |
| Parsis | Only for wills made within the original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, or dealing with immovable property there. |
For Delhi, the Delhi High Court in Kanwal Nain Johar v. Ashok Kumar Johar (12 February 2024) repeated that, under Section 57(a) read with Section 213, wills do not mandatorily require probate in Delhi. It relied on the Supreme Court’s ruling in Clarence Pais v. Union of India, (2001) 4 SCC 325. The same reading applies to Haryana.
Here is the catch: the test follows the property as well as the person. Take a Faridabad couple whose will leaves a flat in Sector 15 to one child and a flat in Chennai to the other. The Faridabad flat needs no probate. The Chennai flat does, because Section 57(b) reaches immovable property within the old Madras High Court limits.
Documents required
About the will
- Original will and any codicils
- Death certificate of the testator
- Names and addresses of the attesting witnesses
About the estate
- List of assets with approximate values
- Property papers, bank and demat statements
- Details of debts owed by the deceased
About the family
- Names, ages and addresses of the legal heirs
- ID and address proof of the executor
- No-objection letters from heirs, if any
How it works
Check whether probate is needed
We read the will against Sections 57 and 213 and see where each property sits. Often probate turns out to be optional.
Draft the petition
Section 276 requires the petition to state the time of death, that the will is the last will, and the assets likely to reach the petitioner. We draft it for your review.
Get the witness affidavit
Under Section 281, at least one attesting witness to the will must verify the petition, where available.
File through a practising advocate
The petition goes to the District Judge or the High Court and must be signed and argued by a practising advocate. We work with your advocate on the papers.
Answer citations and settle objections
The court can issue citations to the heirs under Section 283, and anyone can lodge a caveat under Section 284. If the case becomes contentious, it proceeds as a regular suit under Section 295.
Timelines
Wait seven clear days
The Act bars a grant until seven clear days after the death.
Apply within three years of the need
Article 137 of the Limitation Act applies. In Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463, the Supreme Court held the period runs from when the need for probate arises, not from the death.
File the inventory in six months
After the grant, Section 317 requires the executor to file an inventory within six months and an account within one year.
What happens if you skip it
The will cannot be relied on in court
Where Section 213 applies, no court will enforce a legatee’s right under the will until probate is granted.
Transfers stall
A society, bank or company that wants a probate will not move the asset without one, even where the law does not.
Executor duties pile up
The estate still owes tax. The executor must file the deceased’s final income tax return, and a later sale of property or shares may need capital gains reporting.
Frequently asked questions
Is probate of a will compulsory in Delhi and Haryana?
No, not for wills of Hindus, Sikhs, Jains or Buddhists made there about property there. Section 213 of the Indian Succession Act, 1925 makes probate compulsory only for wills covered by Section 57(a) and (b), which are tied to Bengal, Madras and Bombay. The Delhi High Court repeated this in February 2024. You can still apply by choice, and we tell you when that is worth it.
Our father lived in Faridabad but owned a flat in Mumbai. Do we need probate?
Yes, for the Mumbai flat. Section 57(b) applies the rule to wills made outside those areas so far as they relate to immovable property situated within them. So a legatee claiming the Mumbai flat in court needs probate, though the will was made in Faridabad. The Haryana property under the same will does not. We map each asset first, so you apply only where needed.
Who can apply for probate?
Only the executor named in the will, under Section 222. A minor or a person of unsound mind cannot get probate. If there is no executor, or the executor refuses, a legatee can ask for letters of administration with the will annexed under Section 232. We help you pick the right petition.
Which court grants probate?
The District Judge, under Section 264 of the Indian Succession Act, 1925. Under Section 300, a High Court with original civil jurisdiction has concurrent power. A contested petition runs as a regular suit under Section 295. A practising advocate files and argues the petition, and we prepare the supporting papers so the court has everything on day one.
Is there a time limit to apply for probate?
Yes, three years under Article 137 of the Limitation Act, but it runs from when the need for probate arises. The Supreme Court said so in Kunvarjeet Singh Khandpur v. Kirandeep Kaur (2008). So a family that never needed probate can still apply years after the death, once a bank or registrar asks for it. Delay is not fatal, but explain the reason in the petition.
What does the court check before granting probate?
It checks that the will was properly signed and attested and is the last will. Section 281 requires at least one attesting witness to verify the petition. Under Section 283 the court can examine the petitioner on oath and issue citations to anyone with an interest. If no one objects, the grant can follow without a full trial.
What if a family member objects?
Anyone can lodge a caveat under Section 284. If the objection is pressed, the case becomes contentious and proceeds as a regular suit under Section 295, with evidence from witnesses. That means longer hearings. Say one of three siblings in Ballabgarh claims their mother signed under pressure; the attesting witnesses will then be examined. No-objection letters from the heirs, collected before filing, often avoid a contest. We help you prepare them.
What must the executor do after probate?
File an inventory of the estate within six months of the grant and an account within one year, under Section 317. The executor also handles the deceased’s pending tax filings and pays debts before distributing to legatees. We keep the estate books and tax filings in order, so the account is ready when the court asks.
Does a registered will still need probate?
Registration does not remove the Section 213 rule. Registration is proof that the will was presented before the Sub-Registrar; probate is the court’s grant to the executor. Where Section 213 applies, a registered will still needs probate before a legatee can claim under it in court. Elsewhere, a registered will is simply easier to prove.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The court fee on a probate depends on the value of the estate and on the court-fees law of the state where you file. We confirm the current figure before anything is filed.
Ready to begin?
Send us the will and a list of the assets, and we will tell you whether probate is needed and prepare the papers.