A will lets you decide who receives your flat, savings and belongings after your death, and spares your family a long dispute. Making one is simpler than most people think. But Mumbai used to have a rule that surprises many families: until 2025, probate was compulsory for many wills made here. That rule has now changed. This guide covers both.
Key facts
- Valid will
- In writing, signed by you, and attested by two witnesses who saw you sign (Section 63, Indian Succession Act)
- Stamp paper
- Not needed; plain paper is enough
- Registration
- Optional; an unregistered will is still valid
- Probate
- No longer compulsory in Mumbai: Section 213 was omitted by the Repealing and Amending Act, 2025
- Muslim wills
- Can bequeath up to one-third of the estate under personal law
Making a valid will
Under Section 63 of the Indian Succession Act, 1925, a will must be:
- in writing (handwritten or typed);
- signed by the person making it (the testator), or by someone in their presence and at their direction;
- attested by two witnesses, each of whom has seen the testator sign and signs in the testator’s presence.
The testator must be an adult of sound mind, acting freely. A witness should not be a person who receives a benefit under the will, since a bequest to an attesting witness can be void. There is no prescribed stamp paper; plain paper is enough.
Good practice
- Describe each property clearly: flat number, building, society, survey number, bank and account details.
- Name an executor, the person who will carry out the will.
- Say what happens if a beneficiary dies before you.
- For elderly or unwell testators, a doctor’s certificate of sound mind on the same date, and a video recording of the signing, help defend the will later.
- Review the will after a marriage, birth, death or sale of property. A later will or codicil replaces the earlier one to the extent stated.
Should the will be registered?
Registration of a will is optional under the Registration Act, 1908. A registered will is not automatically valid, and an unregistered one is not invalid. Registration does help: it records the date and the testator’s appearance before the Sub-Registrar, which makes forgery and “unsound mind” allegations harder. A will can also be deposited in a sealed cover with the Registrar.
Probate in Mumbai: is it still required?
Probate is a certificate from the court that the will is genuine and validly executed, with the executor authorised to administer the estate. Until 2025, probate was compulsory in Mumbai for the wills of Hindus, Buddhists, Sikhs and Jains made within the city or covering property here. Section 213 of the Indian Succession Act, 1925, which required this, was omitted by the Repealing and Amending Act, 2025, so probate is no longer a legal precondition for relying on a will. Pending probate matters are saved.
Probate is still commonly obtained where the will may be disputed, the estate is large or complex, or a bank, housing society or other institution asks for it. Whether it is needed in a particular case depends on the facts and the will, and the rules for a Muslim’s will differ because of the one-third limit under personal law.
How probate is obtained
- The executor files a petition with the original will, the death certificate, a schedule of assets and their value, and the names of the legal heirs.
- The petition is filed in the Bombay High Court or the Bombay City Civil Court, depending on the court’s jurisdiction.
- Court fee is payable under the Maharashtra Court-fees Act.
- Notice (citation) is issued to the legal heirs, and the witnesses or other evidence prove the will.
- If no one objects, probate is granted. If someone files a caveat, the matter becomes contested and proceeds like a suit.
Wills by Muslims (wasiyat)
A Muslim may make a will orally or in writing, but under Muslim personal law can bequeath only up to one-third of the estate (after funeral expenses and debts), and a bequest to a legal heir is generally valid only if the other heirs consent after the death. The remaining two-thirds devolves according to the shares under Muslim law. A written, witnessed will is still advisable as evidence.
A nominee is not the owner
Nominating someone in a bank account, demat account, insurance policy or housing society makes them the person who receives the asset, not necessarily its owner. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023) the Supreme Court held that a nominee for shares does not override the law of succession; the nominee holds for the heirs or the beneficiaries under the will. A will is therefore needed even where nominations are in place. See transfer of a society flat after a member’s death.
Frequently asked questions
Can I write my own will without a lawyer?
Yes, if the formalities above are followed. Most disputes arise from unclear descriptions, missing witnesses or doubts about the testator’s health, which careful drafting avoids.
What if there is no will?
The property passes to the legal heirs under the applicable succession law. See legal heir certificate, succession certificate and probate.
Is there a time limit to apply for probate?
There is no fixed time limit, but long unexplained delay invites questions, so it is better to apply soon after the death.
Can a will be challenged?
Yes, on grounds such as forgery, lack of proper attestation, unsound mind, or undue influence. The person relying on the will must prove it.
See also: gift deed in Maharashtra and drafting of documents.
See also: Senior Citizens Act: maintenance and eviction for parents.
See also: Wills by Muslims: the one-third rule.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes general law and procedure as understood in October 2026. It is not legal advice; succession depends on personal law and facts, so take advice before acting.