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Testamentary · Succession

Probate and succession lawyers in Mumbai

When a family member passes away, their property, bank accounts, shares and society flat have to be transferred to the right people. Batavia Legal handles probate, letters of administration and succession certificates, and the transfers that follow.

Probate or letters of administration

Probate is granted to the executor named in a will and confirms that the will is valid. Letters of administration are granted when there is no will, or when the will names no executor who can act. Banks, societies and land authorities often ask for a grant before they will transfer assets, and whether one is needed in a particular case depends on the will, the assets and the law that applies.

Testamentary petitions for Mumbai are filed on the Testamentary and Intestate jurisdiction of the Bombay High Court.

What the firm handles

  • Petitions for probate and letters of administration
  • Succession certificates for debts, deposits and securities
  • Legal heir documentation and affidavits
  • Transmission of society shares and flats to heirs or nominees
  • Transfer of property, bank accounts and shares after the grant
  • Drafting of wills
  • Caveats and contested testamentary matters

Documents to bring

The death certificate, the original will if there is one, details of the legal heirs, and a list of the assets with supporting papers such as share certificates, bank statements, property documents and the society share certificate.

Common questions

Is a nominee the owner of a society flat?

Not necessarily. Nomination lets the society transfer the share to the nominee, but the nominee may hold it for the benefit of the legal heirs or the beneficiaries under a will. Who ultimately owns it depends on the will or the law of succession.

What is a succession certificate used for?

It is granted by a civil court and allows the holder to collect debts and securities of the deceased, such as bank deposits or shares, where there is no probate or letters of administration.

General information only. It is not legal advice for your situation.

Contact

Meetings are by prior appointment.

Office
E 1, Gala Nagar CHS,
Pandit Jawaharlal Nehru Road,
Mulund West, Mumbai 400 080
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Telephone & WhatsApp
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Hours
By appointment

Please do not send confidential information by email until an engagement has been confirmed in writing.

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