The most important thing to understand about probate and succession certificates is that they are court proceedings, not administrative processes. The petition is filed in the High Court having jurisdiction over the place where the deceased ordinarily resided or where the assets are located. A citation is issued, published, and served — giving any person with an objection the opportunity to appear. Where no objection is filed, the court grants the certificate on proof of the petitioner's entitlement. Where an objection is filed, the matter becomes a contested probate — which is litigated as a civil suit.
For NRI estates — where the deceased was resident abroad, or where the assets span India and another jurisdiction — an additional layer of complexity applies. FEMA governs the repatriation of inherited funds outside India. The foreign executor or administrator may need to obtain an Indian succession certificate in addition to the grant of probate in the foreign jurisdiction. Where a foreign probate or letters of administration have already been granted, GP advises on whether they can be resealed in India or whether a fresh Indian proceeding is required.
Probate is mandatory in Mumbai, Kolkata, and Chennai for wills of immovable property situated in those cities. GP files the probate petition in the High Court on behalf of the executor named in the will — producing the original will, the death certificate, and the valuation of the estate. After citation and the mandatory waiting period, GP obtains the probate order and the certified copy of the grant that banks, share registrars, and property registrars will act upon. Where multiple executors are named or where an executor has predeceased the testator, GP advises on the appropriate modification to the application.
Where a person dies intestate — without a will — no executor exists to administer the estate. Letters of administration granted by the High Court appoint an administrator (typically the senior legal heir) with authority equivalent to that of an executor under a will. GP files the letters of administration petition, produces the succession entitlement under the applicable personal law (Hindu Succession Act, Indian Succession Act for Christians and Parsis, or Muslim Personal Law), and obtains the grant after citation. For estates with immovable property in Mumbai, Delhi, Bangalore, or Chennai, GP files in the appropriate High Court.
For debts and securities only
A succession certificate (under Part X of the Indian Succession Act 1925) is a court-issued document authorising the legal heirs to collect debts owed to the deceased — including fixed deposits, savings account balances above the bank's internal threshold, shares in demat or physical form, and bonds. It does not transfer immovable property (which requires probate or letters of administration) but it is sufficient for financial assets. GP obtains succession certificates from the High Court or District Court — choosing the forum based on the location of the assets and the value of the estate.
For NRI estates with Indian assets — bank accounts, property, shares, PF accumulations — the heirs abroad need Indian court authority to deal with those assets, regardless of any foreign grant of probate or letters of administration. GP obtains the Indian probate or succession certificate, advises on FEMA compliance for repatriation of the inherited funds (including RBI reporting requirements under FEMA 1999), and coordinates with the foreign executor or administrator where the estate is administered from abroad. GP handles NRI estates from the UAE, UK, USA, Australia, Singapore, and Canada corridors.
The transmission of shares (as opposed to transfer by sale) on the death of a shareholder requires either a succession certificate or a probate — depending on the company's articles of association, the value of the holding, and whether the shares are held in demat or physical form. GP advises heirs on the documents required by the depository participant (CDSL/NSDL) for demat transmission, and by the company's registrar and transfer agent for physical share transmission. For unlisted companies and family-owned businesses, GP also advises on the legal requirements for board approval of the transmission.
Where a person with an interest in the estate — a legal heir, a creditor, or the beneficiary of an earlier will — wishes to oppose the grant of probate or letters of administration, they may file a caveat in the High Court. The caveat converts the probate proceeding into a contested matter and requires the caveator to articulate their objection — typically undue influence, forgery of the will, the testator's lack of testamentary capacity, or the existence of a later will revoking the one being probated. GP represents both executors defending a grant and caveators opposing it. Contested probate is litigated as a civil proceeding in the High Court.
In Maharashtra, probate duty (stamp duty on the probate grant) is levied on the gross value of the estate covered by the probate. The rate varies. For large estates — particularly those including Mumbai property — the probate duty can be significant. GP advises executors and administrators on the proper valuation of the estate for probate duty purposes, on the assets that must be included in the schedule to the petition, and on the timing of the application to minimise the duty impact where assets are fluctuating in value.
An uncontested probate or letters of administration in the Bombay High Court typically takes 6 to 18 months from the filing of the petition to the grant — the range reflects court listing delays, citation publication timelines, and the complexity of the estate schedule. Succession certificates before District Courts are generally faster — 3 to 9 months. Contested probate, where a caveat is filed and the matter goes to trial, can take 3 to 7 years. GP advises clients on realistic timelines at the outset and on the interim steps — such as appointment of an administrator pendente lite — that can be taken to protect the estate during the proceedings.
One of the most common misunderstandings in Indian succession law is the role of the nominee. The nominee named in a bank account, a mutual fund, a life insurance policy, or a demat account is not automatically the legal owner of the asset on the account holder's death. The nominee is a trustee — they receive the asset but hold it for the benefit of the legal heirs. The legal heirs are determined by the will (if one exists) or by the applicable personal law (if there is no will). A succession certificate or probate establishes who the legal heirs are — and protects both the heirs and the financial institution releasing the funds.
Probate proceedings in the Bombay, Delhi, Karnataka, and Madras High Courts each have their own procedural rules, citation requirements, and listing practices. GP has filed and obtained probate and letters of administration in all four High Courts — and advises clients on the correct forum for estates with assets across multiple cities. For succession certificates, GP files in both High Courts and District Courts depending on the asset location and the most efficient forum for the specific estate.
GP's NRI practice gives the succession team direct access to the legal frameworks of the major diaspora corridors — UAE, UK, Australia, Singapore, Canada, USA. For NRI estates, the succession team coordinates the Indian probate or succession certificate proceedings with the advice on FEMA repatriation, advises on the interaction between the Indian proceedings and any foreign grant already obtained, and handles the Power of Attorney arrangements for heirs who cannot travel to India to conduct the proceedings themselves.
Obtaining the court order is the beginning, not the end. Banks, CDSL/NSDL depositories, company registrar and transfer agents, and property registrars each have their own documentation requirements for acting on a probate or succession certificate. GP assists heirs through the entire post-grant process — preparing the transmission applications, drafting the indemnity bonds, coordinating with the financial institutions, and resolving the objections that institutions sometimes raise to the grant or to the supporting documentation.
Acted for the adult children of a deceased NRI resident in Dubai who had died leaving a registered will covering two residential flats in Mumbai, fixed deposits across three banks, and a demat account with listed shares. GP filed the probate petition in the Bombay High Court Original Side, managed the citation process, calculated and paid the probate duty on the estate schedule, and obtained the probate order. GP then coordinated with the banks, NSDL depository participant, and the Mumbai sub-registrar's office to complete the transmission of all assets to the two heirs — who managed the entire process through GP from Dubai without travelling to India.
Defended a probate petition filed by the adult children of a deceased Delhi businessman against a caveat filed by the deceased's second wife, who alleged that the will had been executed under undue influence from the children and that the testator lacked testamentary capacity at the date of execution. GP produced the medical records from the period of the will's execution (confirming the testator's mental capacity), the evidence of the attesting witnesses, and the circumstances of the will's drafting and registration. The Delhi High Court dismissed the caveat after hearing, finding no evidence of undue influence or incapacity, and confirmed the probate.
Acted for the widow and three adult children of a deceased Mumbai resident who had died intestate — without a will — leaving savings accounts, a fixed deposit, and physical share certificates in a listed company. As the assets were financial instruments (not immovable property), a succession certificate from the District Court was the appropriate and more cost-efficient remedy rather than letters of administration. GP filed the succession certificate petition, established the family's entitlement under the Hindu Succession Act 1956, and obtained the succession certificate. GP then presented the certificate to the bank and to the company's registrar and transfer agent — securing the release and transmission of all assets within seven months of filing.
The probate and succession certificate team works closely with GP's family law practice — because the most contested estates are those where a matrimonial dispute has not been resolved, or where the division of the matrimonial home forms part of the succession — and with GP's NRI practice for estates with international dimensions.
For business families, GP's succession team coordinates with the corporate and M&A practice on the transmission of shares in family-owned companies, the succession implications for partnership firms, and the reconstitution of HUFs after the death of the Karta.
A plain-language guide to the probate process in Maharashtra — the documents required, the timeline, the probate duty calculation, and the most common reasons for delay.
Read Insight →The single most common misconception in Indian succession law — explained clearly, with the legal basis and the practical steps the legal heirs must take to secure their entitlement.
Read Insight →Whether you need probate of a will, letters of administration for an intestate estate, or a succession certificate for financial assets — speak to GP today. For NRI estates, GP handles the entire process remotely.