Probate Is No Longer Mandatory in Mumbai: What It Means for NRI Families
Last reviewed: October 2026 · Reviewed by the Propresolve legal team
Short answer: Since 20 December 2025, probate is no longer compulsory in Mumbai, Chennai or Kolkata. The Repealing and Amending Act, 2025 removed section 213 of the Indian Succession Act, 1925, the provision that required it. Families can now rely on a will without first getting a court order. In practice, a housing society, bank or buyer may still ask for probate, especially for high-value property or where heirs disagree.
Does your family still need probate? Tell us about the will, the property and where you live, and we will tell you which route fits. Book a 20-minute assessment or message us on WhatsApp.
Key facts
- What changed: section 213 of the Indian Succession Act, 1925 was removed.
- By: the Repealing and Amending Act, 2025.
- When: Presidential assent on 20 December 2025.
- Effect: probate is no longer compulsory by statute for any community, in any city.
- Still unsettled: how the change applies to probate applications filed before that date.
- Not affected: the right to apply for probate if you want it, and the process for granting it.
What the old rule was
Section 213 said no one could establish a right as an executor or beneficiary under a will in court unless probate had been granted. It applied to wills of Hindus, Sikhs, Jains and Buddhists made within, or covering property within, the old presidency towns: Mumbai, Chennai and Kolkata. Wills of Muslims and Christians were exempt, and so was the rest of India.
So two families with identical flats, one in Mumbai and one in Pune, faced very different processes. For NRIs, Mumbai probate often meant notices to every heir, a long court timeline and an advocate appearing on the family’s behalf for months.
What the new position is
With section 213 gone, a will can be relied on directly. If the family agrees, the executor or beneficiaries can go straight to the housing society, bank or land office with the will and the death certificate. If someone disputes the will, a court can decide it in ordinary civil proceedings, or the family can still choose to apply for probate.
Which situation are you in?
| Your situation | What it likely means |
|---|---|
| Death after December 2025, clear will, family agrees | Probate is probably not needed. Start with the society and the bank. |
| Probate application filed before December 2025 | Still being settled. Do not withdraw it without advice. |
| A sibling or relative disputes the will | Probate remains the cleanest way to settle the will’s validity. |
| The will was made in Dubai or at the DIFC | Indian institutions usually still want it proved in an Indian court. |
| There is no will | Probate does not apply. You need a heirship or succession certificate. |
| A buyer’s bank is funding the purchase of an inherited flat | Expect the bank to ask for probate or strong title documents. |
When probate is still worth getting
Optional does not mean pointless. Probate is a court’s confirmation that the will is genuine, and once granted it is very hard to attack. It is still the safer route when:
- The property is high-value and will be sold, because buyers’ banks examine title closely.
- Heirs disagree, or someone left out of the will may object later.
- The society or bank insists. Many Mumbai societies set their requirements before the change.
- The will was made abroad, giving Indian registrars less basis to rely on it.
- The will has a weakness: missing witness details, handwritten changes, or a much older will.
- The executor lives abroad and needs clear authority to deal with Indian institutions.
Does your family still need probate?
Answer three quick questions and tell us where you live. We will review your answers and send our recommendation on WhatsApp.
What to do instead of probate (when the family agrees)
- Collect the originals: the will, the death certificate, the share certificate or sale deed, and BMC tax receipts.
- Ask the society in writing what it requires. This one letter decides whether you need probate.
- Submit the transfer application with the will. Expect requests for an indemnity bond, NOCs from the other heirs and affidavits.
- Get NOCs signed abroad and attested: the consulate or MOFA route in the UAE; apostille in the USA and UK.
- Update the records: society share certificate, BMC property tax, electricity and the property card.
- If the society or bank refuses, apply for probate. The refusal is the clearest sign you need it.
How the two routes compare
| Transfer on the will | Probate | |
|---|---|---|
| Court involved | No | Yes |
| Notice to all heirs | Through NOCs | Formal court notice |
| Time | Usually a few weeks, depending on the society | Several months or longer, depending on whether anyone objects |
| Strength against later challenge | Lower | Highest |
| Best for | Families that agree, modest estates | Disputes, high-value property, foreign wills |
What this means for Chennai and Kolkata
The same change applies. Probate is no longer compulsory for wills covering property in Chennai or Kolkata. The practical advice is the same: ask the society, bank or land office what it requires, and use probate where there is a dispute or a high-value sale. Our pages for NRI heirs in Kolkata and NRI heirs in Chennai cover the local steps.
Should you still make a will?
Yes, more than before. Without compulsory probate, a clear and properly witnessed will is your family’s main document. An NRI should:
- Make a separate Indian will for Indian assets, worded so it does not cancel any UAE or DIFC will.
- Use two independent witnesses who are not beneficiaries.
- Consider registering it on a visit to India, so it is harder to dispute.
- Keep society nominations up to date, while remembering that the will decides who owns the flat.
See our guide on making and registering a will for Indian assets as an NRI.
Mistakes that delay NRI families by months
| Mistake | What happens | Fix |
|---|---|---|
| Assuming “optional” means no one will ask | The society blocks the transfer until probate is produced | Get the society’s requirements in writing first |
| Withdrawing a pending probate application in a hurry | Starting again if the transfer is refused | Take advice on pending matters |
| NOCs from heirs abroad not attested | Rejected by the society or bank | Consulate or apostille route |
| Relying on a DIFC will alone | Indian institutions will not act on it | Prove it in India, or make an Indian will |
| No will at all | Heirship or succession certificate, with every heir’s cooperation | Make an Indian will now |
Frequently Asked Questions
Is probate still required in Mumbai in 2026?
No. Since section 213 of the Indian Succession Act was removed in December 2025, probate is optional in Mumbai, as everywhere else in India. A housing society, bank or buyer may still ask for it, especially for high-value property or where heirs disagree.
When did probate stop being mandatory?
The Repealing and Amending Act, 2025 received Presidential assent on 20 December 2025 and removed section 213 of the Indian Succession Act, 1925. That section had made probate compulsory for certain wills in Mumbai, Chennai and Kolkata.
Can my Mumbai housing society still insist on probate?
It can ask, and many still do. A will, death certificate, NOCs from other heirs and an indemnity bond are often enough. If the society will not accept them, probate settles the question.
We filed for probate before December 2025. Should we continue?
How the change applies to applications filed before it is still being settled. Speak to your advocate before withdrawing, because withdrawing may add months if the society later refuses the transfer.
Is a DIFC or Dubai will enough for a Mumbai flat now?
Usually not on its own. Indian societies, banks and registrars generally want a foreign will proved in an Indian court. A separate Indian will for Indian assets avoids this.
Does this change affect Muslim or Christian families?
Not directly. Wills of Muslims and Christians were already exempt from compulsory probate. The change brings everyone else in line with them.
Do I need to travel to India?
Usually not. NOCs and affidavits can be signed abroad and attested, and a power of attorney holder or family member in Mumbai can handle the in-person steps.
What if there is no will?
Probate does not apply. The family needs a heirship or legal heir certificate, issued by the authority that handles it in the state and for the purpose, or a succession certificate from the court for bank deposits and securities. Confirm the right route for the asset you are dealing with.
Get your Mumbai probate answer. Book a short review, or send us the will and property details on WhatsApp. We work UAE hours. Book a 20-minute assessment or message us on WhatsApp.
Sources
- India Code: Indian Succession Act, 1925
- SCC Online: omission of section 213 by the Repealing and Amending Act, 2025
- Mondaq: probates no longer compulsory
General information, not legal advice. As per the rules of the Bar Council of India, this is not a solicitation.
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