In short: if there is a will, the executor may need probate from the court; for Hindus, Sikhs, Jains and Buddhists it is compulsory where the will was made in, or deals with property in, Kolkata, Mumbai or Chennai. Without a will, property goes to the legal heirs under the succession law that applies to the deceased. Banks and companies usually ask for a succession certificate or legal heir certificate before releasing money or shares.
If there is a will
- A will need not be registered or stamped, but must be signed by the person and attested by two witnesses.
- Probate is the court's certificate that the will is valid. It is applied for in the District Court or, in Kolkata, the High Court's original side. Relatives are given notice and may object.
- Where probate is not compulsory, mutation is often done on the will itself, but probate is still the strongest proof if anyone disputes the will.
- Where there is a will but no executor, the court grants letters of administration.
If there is no will
For a Hindu man, the Hindu Succession Act, 1956 gives the property first to Class I heirs together: the widow, sons, daughters and mother (and children of predeceased children). Daughters inherit equally with sons. Muslims follow Muslim personal law; Christians and Parsis the Indian Succession Act.
Certificates you may need
- Succession certificate (Indian Succession Act, Section 372) from the civil court, to collect debts, deposits and securities.
- Legal heir certificate from the local authority, for pensions, utilities and some government records.
- Death certificate, and no-objections from the other heirs, for mutation.
Questions people ask
Is probate compulsory in India?
For Hindus, Sikhs, Jains and Buddhists, probate is compulsory for wills made in, or concerning immovable property in, the areas of the old Presidency towns: Kolkata, Mumbai and Chennai. Elsewhere it is optional but often advisable.
How long does probate take?
If no one objects, usually several months. A contested probate becomes a full suit and can take years.
Do daughters have equal rights in their father's property?
Yes. Under the Hindu Succession Act, daughters inherit equally with sons, including in ancestral property, whether married or not.
Can an NRI inherit property in India?
Yes, NRIs and OCI cardholders can inherit any property in India, including agricultural land, and can sell it later subject to FEMA rules.
Can a will be challenged?
Yes, on grounds such as forgery, lack of mental capacity, undue influence, or improper attestation, usually by objecting in the probate case.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.