Probate Is No Longer Mandatory for Wills Covering Mumbai Property. What Changes for Your Flat

The Repealing and Amending Act, 2025 removed section 213 of the Indian Succession Act. Heirs under a will no longer need probate to claim a Mumbai flat. Societies and buyers may still ask questions.

Sea-view residential buildings at Malabar Hill, Mumbai

For decades, a will covering a flat in Mumbai came with an expensive step: probate. Section 213 of the Indian Succession Act, 1925 said an executor or legatee could not establish their rights in court without it, for wills by Hindus, Sikhs, Jains and some others covering immovable property in Mumbai, Kolkata and Chennai.

That rule is gone. The Repealing and Amending Act, 2025, which received Presidential assent on 20 December 2025, omitted section 213.

Probate is now a choice, not a legal gate. For a disputed or high-value estate, it can still be the safer choice.

What changes

Probate is no longer a legal precondition for heirs under a will to claim Mumbai property.
Societies lose their main reason to insist on probate. Many housing societies asked for probate before transferring a flat. Law firm Khaitan & Co notes that the omission removes the legal basis for that insistence.
Nominees in a co-operative society can be admitted as provisional members until the heirs are settled through the will or another legal route.

What does not change

Probate still exists. You can apply for it, and it remains the strongest proof that a will is genuine.
Other provisions on letters of administration and succession certificates still apply.
A buyer or bank may still be uneasy about a title that rests on an unprobated will, especially for an expensive flat.

What I would do

Uncontested will, family in agreement: try transmission with the will, death certificate, heir details and the society's indemnity paperwork first.
Any dispute, or you plan to sell soon: speak to a lawyer about whether probate is still worth it.
Writing your own will: consider registering it. Maharashtra now allows this at any sub-registrar office for Rs 100. See registering a will in Maharashtra.

Also read: transferring a flat after death in Mumbai.

Frequently asked questions

Is probate mandatory in Mumbai now?

No. The Repealing and Amending Act, 2025 omitted section 213 of the Indian Succession Act, which had made probate necessary for certain wills covering Mumbai property.

Can a housing society still ask for probate?

The legal basis for insisting on probate has been removed, but societies may still ask for supporting documents and indemnities. If the will is disputed, probate may still be sensible.

Sources

This is general information, not legal or tax advice. Rules change, so check your own case with a lawyer or CA.

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