Overview
Most Indian family property wars begin with a missing or badly made will. A valid will needs testamentary capacity, two attesting witnesses, and clear dispositions — registration is optional but powerful evidence. After a death, the paperwork forks: probate (court validation of the will, mandatory in Mumbai, Chennai and Kolkata and often demanded by banks elsewhere), succession certificates for debts and securities where there is no will, and legal heir certificates for service and revenue matters. We draft wills that hold, and steer families through the transfer — or the will dispute — that follows.
Key Provisions — Indian Succession Act, 1925
- A will requires a sound-mind testator and two attesting witnesses; it can be revoked or replaced any time before death.
- Probate is mandatory for wills made or covering property in the presidency towns; elsewhere institutions often insist on it anyway.
- A succession certificate covers the deceased's debts and securities (bank accounts, shares, deposits) in intestacy.
- Will challenges turn on capacity, suspicious circumstances, and execution proof — the drafting stage decides most of them in advance.
What You Can Get
How We Handle It
Estate Mapping
Assets, heirs, and intentions listed; tax and family dynamics considered.
Draft & Execute
The will drafted, executed before witnesses, and registered if chosen.
After a Death
Probate or certificates obtained from the appropriate court.
Transfer / Dispute
Assets transferred to heirs — or the will contest fought with execution evidence.
Frequently Asked Questions
Is an unregistered will valid?
Yes — registration is optional. But a registered will (or one with a doctor's capacity certificate and video of execution) is far harder to challenge.
The bank froze my late father's account and asks for a succession certificate — is that right?
For accounts without nomination it is standard. We obtain the certificate from the district court; with a valid will, probate serves instead.
Legal Connect connects you with independent family-law advocates; we are not a law firm and this page is general information, not legal advice. Family matters are handled with complete confidentiality — call +91 22 6555 3444.