In short. Probate is the court's certificate that a will is genuine and that the executor may administer the estate. It is optional in Delhi, and the 2025 omission of Section 213 ended the compulsory rule elsewhere too. A petition under Section 276 of the Indian Succession Act is filed before the District Judge, or the Delhi High Court for higher-value estates.
Families usually ask about probate at one of three moments: when the bank, the DDA or the housing society asks for it; when a brother or sister says they will contest the will; or when a buyer's lawyer refuses to proceed without it. The answer in each case is different, and the law changed in December 2025, so much of what is written online is out of date.
This post is about probate and letters of administration when there is a will. If there is no will and you need to collect bank deposits or shares, read the succession certificate process instead, and for the revenue-office certificate see legal heir certificate vs succession certificate. Our civil law practice page explains the wider range of property and succession work we handle.
- The law
- Indian Succession Act 1925, Section 276 petition
- Compulsory in Delhi?
- No. Section 213 was omitted in December 2025
- Where to file
- District Judge in Delhi; Delhi High Court original side for higher-value estates
- Who files
- The executor named in the will; otherwise a beneficiary seeks letters of administration
- Time limit
- Three years from when the need to apply arises (Article 137); courts read it liberally
- Effect of the grant
- Binds everyone, not only the parties
Is probate compulsory in Delhi?
No. Even before 2025, Section 213 of the Indian Succession Act made probate compulsory only for wills of Hindus, Buddhists, Sikhs and Jains made within the old presidency towns of Bombay, Calcutta and Madras, or the territories of the Lieutenant-Governor of Bengal, or covering immovable property there. Delhi was never one of those places. A will made in Delhi and dealing with property in Delhi could always be acted on without probate, and courts in Delhi accept such a will as evidence in any civil proceeding if it is proved in the ordinary way.
That does not mean every authority accepts it. A housing society, the DDA when converting a leasehold flat to freehold, a bank holding a large deposit, or a company registrar dealing with shares may ask for probate if the will is unregistered, if other heirs have not consented, or if the amount is large. They ask because a probate binds everyone, while an unprobated will can still be challenged later. You can sometimes persuade them to accept a registered will with no-objection affidavits from all the heirs, but where they refuse, probate is the only practical route.
Equally, the absence of probate does not protect the will from challenge. A disappointed heir can file a suit for declaration that the will is forged at any point within the limitation period, and the beneficiary must then prove the will in that suit. Probate deals with that risk once and for all.
What changed in December 2025?
The Repealing and Amending Act 2025, which received Presidential assent on 20 December 2025, omitted Section 213 of the Indian Succession Act. That section said no right as executor or legatee under a covered will could be established in any court without probate or letters of administration. The government's stated reason was to remove a rule that applied to some communities and some cities but not others. With it gone, probate is optional throughout India.
Two points remain open. The first is the effect on proceedings that were already pending when the section was omitted, such as suits in Mumbai where a defendant objected that the plaintiff had no probate. Commentators have argued both ways, and there is no Supreme Court ruling on it yet. The second is whether institutions will change their own rules quickly. Many banks, companies and registrars have internal policies written around probate, and those policies do not change automatically when a statute does.
For Delhi families the practical difference is small, because Delhi was never covered. Where it matters is for a Delhi resident who has inherited a flat in Mumbai or a deposit with a Kolkata branch under a parent's will. Before 2025, probate was needed there; now it is not compulsory, though the local registrar or society may still ask for it.
When is probate still worth getting?
Probate costs time and court fee, so get it when it solves a real problem. These are the situations in which it usually does.
- A challenge is likely. If the will leaves out a child, favours one sibling heavily or was made late in life, an heir may contest it. Probate lets the court decide the will's validity once, binding everyone.
- An authority insists. The DDA, a cooperative group housing society, a bank or a company may refuse to act on an unprobated will, particularly if it is unregistered or the heirs have not all consented.
- The executor needs authority. An executor managing rented property, recovering debts or selling assets to pay the estate's liabilities is on firmer ground with a grant.
- A sale is planned. A buyer's lawyer checking title will look hard at a will-based title. A probated will removes most of the questions. See title verification before buying property in Delhi NCR.
- The estate is spread out. Where property lies in several states or in a former presidency town, a single grant from a competent court is easier to use than separate proof in each place.
- Witnesses are ageing. If the attesting witnesses are elderly or unwell, getting the will proved now while they can depose avoids a much harder case later.
Probate, letters of administration and the certificates people confuse
| Document | When it is used | Who applies | What it covers |
|---|---|---|---|
| Probate | There is a will that names an executor | The executor | The whole estate covered by the will, movable and immovable |
| Letters of administration with the will annexed | There is a will but no executor, or the executor has died or refuses | A beneficiary under the will | The estate covered by the will; an administration bond is usually required |
| Letters of administration | There is no will | An heir or, in some cases, a creditor | The whole estate, distributed under the succession law |
| Succession certificate | Collecting debts and securities such as deposits and shares | An heir or claimant | Only the debts and securities listed in the certificate; not immovable property |
| Legal heir certificate | Pension, small claims, mutation, government records | An heir, from the SDM or tehsildar | Identifies the heirs; does not decide title or a will |
Who can apply for probate?
Only an executor named in the will, expressly or by clear implication, can obtain probate. If the will names two or three executors, they can apply together, or one can apply with the others' consent or renunciation recorded. An executor who does not want the job can renounce in writing, and the court will then grant administration to someone else.
Where the will names no executor, or the executor has died or renounced, a beneficiary applies for letters of administration with the will annexed under Section 232 of the Indian Succession Act. The procedure is close to probate, but the court usually requires an administration bond, sometimes with sureties, to secure proper handling of the estate. Where there is no will at all, the heirs can apply for letters of administration for the whole estate, though for bank balances and shares a succession certificate is usually quicker.
A minor cannot be an executor while a minor, and a person of unsound mind cannot be granted probate. If the executor is abroad, the petition can be signed and verified through a power of attorney holder or with the help of the Indian mission, though the court may want the executor to appear by video link at some stage.
Where to file a probate petition in Delhi
A probate petition is filed before the District Judge of the district in which the deceased had a fixed place of abode at the time of death, or where any of the property is situated. In Delhi, the District Judges in each district court complex hear probate and letters of administration cases, which are then often marked to an Additional District Judge. A deceased who lived in Dwarka and owned a flat in Rohini can have the petition filed at either Dwarka or Rohini.
The Delhi High Court has concurrent jurisdiction in probate matters under Section 300 of the Indian Succession Act, and in practice petitions for estates valued above the ₹2 crore pecuniary limit of the district courts are filed on the High Court's original side as testamentary cases. For an estate in Noida or Ghaziabad, the petition goes to the District Judge at Gautam Buddh Nagar or Ghaziabad.
The court where you file decides only the validity of the will and the right to administer the estate. It does not decide whether the deceased actually owned a particular property. If a third party claims that a flat listed in the will was never the testator's, that question goes to a civil suit, and the probate court will not decide it.
Documents for a probate petition
The original will must be filed in court. Keep certified photocopies before handing it over.
The will and the death
- Original will, and any codicil
- Death certificate of the testator
- Registration details if the will was registered with the Sub-Registrar
- Proof of the testator's last address in the district
The estate
- Schedule of assets with approximate market values
- Title documents of each immovable property
- Bank, fixed deposit, demat and mutual fund statements
- List of debts and liabilities of the deceased
The family and the witnesses
- Names and addresses of all legal heirs who would inherit if there were no will
- Contact details of the attesting witnesses
- Affidavit of at least one attesting witness on how the will was signed
- Consent or no-objection affidavits from heirs, if they agree
How probate is obtained in a Delhi court
This is the route for an uncontested petition. A contested case branches off at step five.
Draft the petition under Section 276
The petition states the date of death, the will and its date, that it is the last will, the executor's name, the assets and their value, and the names of the heirs. It is verified by the petitioner and by at least one attesting witness, as Section 281 requires. A valuation statement of the estate is annexed.
File with court fee and the original will
The petition is filed with the original will, which the court keeps. Court fee is assessed on the value of the estate, and in Delhi it must be paid before the grant issues. File certified copies of the will with your own records first.
Citations to the heirs
The court issues notice, called citations, to the legal heirs and anyone else who might be interested, asking whether they object. Heirs who consent can file no-objection affidavits, which speeds things up.
General citation by publication
The court orders a general citation published in a newspaper, and displayed at the court, so that anyone with an objection can come forward. The petition waits for the period fixed in the citation to expire.
Objections or none
If nobody objects, the case proceeds as uncontested. If someone files an objection, the petition becomes contentious and is converted into a suit under Section 295, with the petitioner as plaintiff and the objector as defendant.
Proof of the will
Even in an uncontested case, at least one attesting witness is examined, usually by affidavit, to prove that the testator signed in his presence and that both witnesses attested. The court may ask questions if anything in the will looks unusual.
Grant of probate
The court passes an order granting probate, and a certified copy of the will with the grant is issued once the court fee is paid. The executor then has authority to administer the estate according to the will.
Inventory and accounts
Within six months of the grant, the executor should file an inventory of the estate, and within a year an account of how it has been administered, under Section 317. Courts in Delhi do not always insist on this in family cases, but an objector can.
How is a will proved in a probate case?
A will must be signed by the testator and attested by at least two witnesses, each of whom has seen the testator sign or received his acknowledgment of the signature, under Section 63 of the Indian Succession Act. To prove it in court, Section 67 of the Bharatiya Sakshya Adhiniyam 2023 (old Section 68 of the Evidence Act) requires at least one attesting witness to be called, if one is alive and able to give evidence. Unlike other registered documents, a registered will does not escape this requirement.
If both attesting witnesses have died or cannot be found, the will can still be proved by evidence of the handwriting of a witness and the signature of the testator, typically through someone who knew their handwriting, together with the circumstances. This is harder, and it is why wills should be attested by people likely to be available years later, such as a younger family friend or the family's chartered accountant, and not by two neighbours of the testator's own age.
Registration helps but is not required. A will registered with the Sub-Registrar is harder to call a forgery, because the Sub-Registrar's record shows the testator appeared and admitted execution. Registration does not prove that the testator understood the will or that it was his free choice, and it does not remove the need to call an attesting witness.
What suspicious circumstances does the court look for?
The person propounding the will must prove not just the signatures but that the testator knew and approved its contents and made it freely. Where there are suspicious circumstances, the court expects the propounder to explain them before it accepts the will. Common examples are a shaky or doubtful signature, a will made when the testator was seriously ill or very old, a beneficiary who took a leading part in having it drafted and executed, and a will that cuts out close family without any reason given.
None of these alone defeats a will. People are entitled to prefer one child over another, and a will exists precisely to change the order of inheritance. Courts look for a sensible explanation: the excluded son was settled abroad and had received a flat earlier, the daughter who received more had cared for the parents for years. A will that states its reasons helps, as does a note or video of the testator explaining his wishes, and a doctor's certificate of fitness for a will made in hospital.
When Advocate B.K. Singh reviews a will before filing a probate petition, he reads it first as an objector's advocate would: who drafted it, who was present, what the testator's health was that month, and why each heir got what they got. The answers to those questions decide how much evidence to collect before the citations go out, not after an objection arrives.
What happens if a family member objects?
Anyone with an interest in the estate can file a caveat under Section 284, asking the court not to grant probate without hearing them, and can then file objections once citations are served. When objections are filed, the petition becomes a contentious case and is registered as a suit, which proceeds under the Civil Procedure Code: pleadings, issues, evidence of both sides and final arguments.
The usual objections are forgery, lack of sound mind, undue influence and the existence of a later will. The objector must show some interest in the estate, usually as an heir who would inherit if the will failed. A person who would get nothing either way has no standing to object.
Contested probate cases in Delhi often take several years. During that period the court can appoint an administrator pending the suit under Section 247 to protect the estate, collect rent or pay taxes, if the parties cannot agree on interim arrangements. Many contested probate cases settle through the court's mediation centre, often on terms that give the objecting heir something less than an intestate share but more than the will provided.
A made-up example: a will, a flat in Paschim Vihar and a brother abroad
Here's a made-up example. Sushila, a widow, died in 2025 leaving a registered will made in 2019. She left her Paschim Vihar flat to her daughter Anita, who lived with her and looked after her, and her bank deposits equally to Anita and her son Rajiv, who lives in Toronto. The will names Anita as executor and says the flat goes to Anita because Rajiv received help to buy a house abroad. The two attesting witnesses were Sushila's family doctor and a neighbour's son.
Anita applies to the society to transfer the flat. The society says Rajiv has not signed a no-objection and asks for probate. Rajiv, on the phone, says he does not accept the will. Anita files a probate petition before the District Judge at Rohini, valuing the estate at about ₹1.6 crore, with the doctor's affidavit as attesting witness. Citations go to Rajiv by email and courier, and a general citation is published.
Rajiv files objections claiming his mother was not in a fit state in 2019. The petition is registered as a suit. Anita leads the doctor's evidence, the Sub-Registrar's record and Sushila's medical file for 2019 showing routine check-ups. Rajiv's objection weakens on cross-examination, and after mediation he withdraws in return for a larger part of the deposits. Probate is granted, and the society transfers the flat. On these facts the will would probably have stood without settlement, but the doctor's availability as a witness made the difference.
Court fee and other costs
Court fee for probate in Delhi is charged ad valorem on the value of the estate covered by the grant, at the rates applicable in Delhi under the Court Fees Act, and it must be paid before the grant is issued. The petition carries a valuation of the assets, and the court can ask for proof of value. Undervaluing to save fee causes problems later, because the grant covers only what was declared; assets left out need a fresh grant or an amendment.
Other costs include newspaper publication of the citation, process fees for serving the heirs, notarisation and affidavits, and in letters of administration cases the cost of the administration bond and sureties. Advocate's fees are agreed in writing at the start, stage by stage, and depend largely on whether the case is contested. Court fees and out-of-pocket costs are separate. Ask for the current court fee rate when the estate value is known, rather than relying on a figure found online.
How long does probate take in Delhi, and is there a deadline?
An uncontested probate in a Delhi district court commonly takes several months to about a year, depending on how quickly citations are served, whether the heirs file consents and how busy the court's board is. Heirs abroad add time. A contested probate converted into a suit typically takes several years, and an appeal adds more.
On limitation, the Supreme Court has held that Article 137 of the Limitation Act, which allows three years, applies to probate petitions, but that the right to apply is a continuing one and arises when the need for probate arises, not on the date of death. So a petition filed eight years after the death is not automatically late. The court will still want the delay explained, and a long gap makes objections about the will's genuineness easier to raise. If you know probate will be needed, file soon after the death while the witnesses and records are fresh.
After the grant: mutation, the DDA, banks and selling
A grant has effect over the estate throughout the state in which it is made and, in many cases, across India on the conditions in Section 273, and it is conclusive about the will's execution and the executor's authority. With it, the executor can apply for mutation of property in the beneficiary's name with the MCD, the DDA or the tehsil, transfer shares and close or transfer bank accounts. For mutation, see property mutation in Delhi and UP.
Executors sometimes forget that the grant is a duty as well as a power. The executor must collect the assets, pay the debts and taxes of the estate, and distribute the property as the will directs. An executor who holds on to property for himself, or delays distribution without reason, can be removed, and the grant can be revoked for just cause under Section 263, for example if it was obtained by concealing a later will or by not citing an heir.
Where a will passes property but there has been a sale of it on a GPA and agreement basis before death, a different set of problems arises. Those are covered in GPA, agreement and will sales.
Mistakes that make probate harder
- Not citing every heir. All persons who would inherit on intestacy must be named and served. A grant obtained without citing an heir can be revoked.
- Losing track of the attesting witnesses. Find them, confirm they will depose and get their affidavits early.
- Undervaluing the estate. Assets left out of the valuation are not covered by the grant, and a low figure can be questioned.
- Filing photocopies only. The original will must be filed. If it is lost, a different and harder procedure applies for proving a copy.
- Assuming registration settles everything. A registered will still needs an attesting witness and can still be challenged for undue influence or incapacity.
- Mixing up title and probate. Probate does not decide who owns a disputed property. A title dispute with an outsider needs a civil suit.
What to do this week
- Locate the original will and any codicil, and make certified copies.
- Find out whether it was registered, and obtain the Sub-Registrar's record if so.
- Trace both attesting witnesses and confirm they are available.
- List every legal heir with current addresses, including those abroad.
- Prepare a schedule of assets with rough values and supporting statements.
- Ask the bank, society or authority in writing what document they require.
- Speak to the heirs about consent affidavits before filing.
Deciding whether to file
If every heir accepts the will and the authorities you deal with will act on it with consent affidavits, you may not need probate at all. If an heir is unhappy, or the institution insists, file sooner rather than later. The same is true if you are the heir unhappy with the will: a caveat lodged early ensures you are heard before any grant.
If you want an advocate to read the will before you decide, the team of Advocate B.K. Singh can tell you whether probate is likely to be needed, which court to file in and what evidence to line up. You can send the papers through our online enquiry page, and more about property and succession cases is on our civil and property lawyer in Delhi page.
Frequently asked questions
Is probate mandatory in Delhi?
No. Delhi was never covered by the compulsory probate rule in Section 213 of the Indian Succession Act, and that section was omitted altogether by the Repealing and Amending Act 2025. Some banks, societies or authorities may still ask for probate as a matter of their own policy.
Is a registered will enough without probate?
In law, a registered will can be acted on in Delhi without probate. In practice, institutions often accept it only with consent affidavits from all the heirs. If an heir objects, probate or a court decision becomes necessary.
Can I get probate of an unregistered will?
Yes. Registration is optional for wills. An unregistered will is proved in the same way, through an attesting witness, though it may face closer scrutiny about its genuineness.
What if the attesting witnesses of the will have died?
The will can still be proved by evidence of the handwriting of an attesting witness and the testator's signature, along with the surrounding circumstances. It is harder than producing a living witness, and the court looks more closely at the will.
Can probate be filed online in Delhi?
Delhi district courts and the Delhi High Court accept e-filing for many case types, but the original will must still be deposited physically in court. Ask your advocate for the current practice in the particular court.
What is the difference between probate and letters of administration?
Probate is granted only to an executor named in the will. Letters of administration are granted to a beneficiary when no executor is named or available, or to an heir when there is no will, and usually require an administration bond.
How much is the court fee for probate in Delhi?
It is charged ad valorem on the value of the estate at the rates applicable in Delhi, and must be paid before the grant issues. Ask for the current rate once you know the estate value, because rates and caps are revised from time to time.
Can a will be challenged after probate is granted?
A probate can be revoked for just cause under Section 263, such as fraud, concealment of a later will or failure to cite an heir. Otherwise the grant binds everyone and cannot be reopened in a separate suit.
Who can object to a probate petition?
Anyone who has an interest in the estate, usually an heir who would inherit if the will were set aside. A person who would receive nothing either way has no standing to object.
Can an NRI executor apply for probate in Delhi?
Yes. The petition can be verified abroad before an Indian mission or notary and filed through an advocate, with a power of attorney for day-to-day steps. The court may want the executor to appear by video link at some stage.
Does probate decide who owns the property?
No. Probate decides only that the will is genuine and that the executor may administer the estate. Whether the testator actually owned a particular property is decided, if disputed, in a civil suit.
Does Section 213 still apply to old cases in Mumbai or Kolkata?
Its effect on proceedings pending when it was omitted in December 2025 is not settled, and there is no Supreme Court ruling on it yet. If you have such a case, take advice on the current position in that High Court.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.