Maharashtra, India · property
How to Apply for Probate of Will in Bombay High Court, Maharashtra
When a property owner passes away in Mumbai or leaves real estate within Greater Mumbai, cooperative housing societies, sub-registrars, and banks often refuse to transfer title without an official grant of probate. Under Maharashtra succession practice and the Indian Succession Act, 1925, the executor named in the will must file a formal testamentary petition before the Bombay High Court. This guide explains how to secure probate, cap your court fees, and establish unchallengeable title to inherited property.
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I need more helpWhy Institutions Demand Probate in Maharashtra and What the Law Says
In Maharashtra, families frequently find their inheritance frozen by housing societies, banks, and prospective buyers who refuse to recognize a will on plain paper. Under Section 213 read with Section 57 of the Indian Succession Act, 1925, wills executed by Hindus, Buddhists, Sikhs, or Jains within the historic ordinary original civil jurisdiction of the Bombay High Court—or wills executed outside that boundary relating to immovable property situated within Greater Mumbai—require probate or letters of administration to establish rights as an executor or legatee in court.
Even where institutional circulars claim nominations permit transfer, cooperative housing societies routinely treat nominees merely as trustees, refusing full proprietary membership without a probate order. Obtaining a grant of probate from the Bombay High Court confirms the authenticity of the will and gives the executor conclusive legal authority against all competing claims.
Jurisdiction, Court Fees, and Mandatory Forms Under the Bombay High Court Rules
Testamentary matters for properties or decedents based within the territorial limits of Greater Mumbai are filed on the Original Side of the Bombay High Court. The procedure is strictly governed by Chapter XXVI of the Bombay High Court (Original Side) Rules, 1980. The executor named in the will must file a Petition for Probate under Rule 374 (Form No. 97). Only a named executor can seek probate; if no executor was appointed, or if the named executor is deceased or refuses to act, the beneficiaries must petition for Letters of Administration with Will Annexed (Form No. 103/105) instead.
Unlike standard civil suits where court fees can consume large portions of an estate, Maharashtra provides statutory protection against runaway expenses. Under Schedule I, Article 10 of the Maharashtra Court Fees Act, 1959, ad valorem court fees for probate petitions are calculated on the net value of the estate up to maximum thresholds, but the total court fee payable is strictly capped at Rs. 75,000, regardless of the property's market value.
Managing Citations, Potential Caveats, and Moving Forward
Once your petition is lodged and verified with the affidavit of at least one attesting witness (Rule 374(c) and Rule 384), the Prothonotary and Senior Master issues general citations published in local newspapers, alongside individual citations served on the legal heirs who would inherit under intestate succession. Legal heirs have 14 days from service to file a caveat if they intend to challenge the will.
If a caveat and supporting affidavit are filed under Rule 403 of the Bombay High Court (Original Side) Rules, the petition is automatically converted and renumbered as a contentious testamentary suit. If no caveat is lodged within the statutory period and citations are cleared, the court grants probate under its seal. You can use Caunsel to research testamentary requirements, organize and store your property papers in a secure case file, or consult an independent lawyer to draft and file your petition.
Steps
- Verify executor status and obtain the original will along with an official municipal death certificate.
- Draft the probate petition in Form No. 97 under Rule 374 of the Bombay High Court (Original Side) Rules, 1980, including full schedules of assets and liabilities.
- Procure an Affidavit of Attesting Witness (Form No. 102) from at least one witness who signed the will in the presence of the testator.
- Lodge the petition, original will, executor's oath, and valuation schedule with the Testamentary Department of the Bombay High Court and pay the requisite court fee (capped at Rs. 75,000 under the Maharashtra Court Fees Act).
- Publish general public citations in designated newspapers and serve individual citations on all legal heirs as directed by the Prothonotary and Senior Master.
- Collect the grant of probate under court seal after the citation period lapses without any caveat being filed.
Common mistakes
- Applying for probate when you are only a beneficiary and not the named executor (requiring an application for Letters of Administration with Will Annexed instead).
- Failing to explain delays if filing more than three years after the testator's death, as required by Rule 382 of the Bombay High Court (Original Side) Rules.
- Relying solely on housing society nomination forms, which confer administrative custody rather than marketable legal title.
- Submitting an uncertified translation when the original will is executed in Marathi, Gujarati, or Hindi instead of obtaining an official High Court translation.
Questions people ask
How long does it take to obtain probate in the Bombay High Court?
An uncontested probate petition typically takes between 8 to 12 months from the date of filing, accounting for registry scrutiny, citation publication, and clearance of the notice period. If an heir files a caveat, the matter becomes a testamentary suit and takes longer.
What happens if both attesting witnesses to the will have passed away?
Under Rule 384 of the Bombay High Court (Original Side) Rules, if an attesting witness cannot be procured, you may submit an affidavit of another person present during execution, or an affidavit proving the handwriting and signature of the testator and witnesses.
Is the court fee for probate in Mumbai calculated on the current market value of the property?
Court fees are calculated based on the net value of the estate after deductions, but under Schedule I, Article 10 of the Maharashtra Court Fees Act, 1959, the total court fee payable for probate is subject to a statutory cap of Rs. 75,000.
Ask Caunsel to review your will's executor clause and asset schedules to determine whether you need probate or letters of administration in the Bombay High Court.
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General information only, last updated 2026-11-07. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Maharashtra, India.