Probate and Succession in India: A Guide for Delhi Families

Probate and succession in India are governed mainly by the Indian Succession Act, 1925 and, for Hindus, the Hindu Succession Act, 1956. For a Delhi family the practical questions are whether the will is valid, whether a court grant is needed before heirs can act, and how property passes into the heirs’ names.

Making a valid will: Section 63 and attestation

Any adult of sound mind may make a will. Section 63 of the Indian Succession Act applies to Hindus, Sikhs, Jains, Buddhists, Christians and Parsis: the will must be in writing, signed by the testator (or by someone in their presence and on their direction), and attested by at least two witnesses.

The Will shall be attested by two or more witnesses … and each of the witnesses shall sign the Will in the presence of the testator.

Section 63(c), Indian Succession Act, 1925

Proof in court follows Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 [Section 68, Indian Evidence Act, 1872]: at least one attesting witness must be examined if available, so choose traceable witnesses who are not beneficiaries. Registration is optional and an unregistered will is equally valid, though registering at the Delhi Sub-Registrar’s office creates a record that deters forgery allegations.

When is probate required? The Delhi position

Probate is a court certificate of a will’s genuineness authorising the executor to administer the estate. Section 213 made it compulsory only for wills within Section 57, broadly Hindu wills made in, or concerning immovable property in, Calcutta, Madras and Bombay, and for Parsi wills (Indian Christians were exempted in 2002). In Kanta Yadav v Om Prakash Yadav (24 July 2019) the Supreme Court confirmed that a Hindu will made in Delhi over Delhi property never needed probate: where person and property lie outside those territories, “the rigour of section 213 … is not attracted”.

The Repealing and Amending Act, 2025, assented to on 20 December 2025, then omitted Section 213 altogether. Probate is now optional across India, including for Parsis; accrued rights and pending proceedings are saved. Delhi families still seek a grant when a bank, housing society, DDA or L&DO insists on one or when heirs dispute the will. Petitions lie before the District Judge or, above a value threshold, the Delhi High Court; contested grants fall within our civil litigation practice.

Letters of administration and succession certificates

Where no executor is named or willing, the court may grant letters of administration with the will annexed (Section 232); where there is no will, letters of administration under Section 218 authorise an heir to collect and distribute the whole estate. A succession certificate under Sections 370 to 372 is narrower: it covers only debts and securities such as bank deposits and shares, not immovable property, and is granted by the District Judge on ad valorem court fee. A bank nominee holds only as trustee for the legal heirs.

Intestate succession under the Hindu Succession Act

When a Hindu man dies without a will, Section 8 gives his separate property equally to Class I heirs: widow, sons, daughters, mother and the children of a predeceased son or daughter. Failing them, Class II heirs, agnates and cognates take in turn; a Hindu woman’s property devolves under Section 15.

Daughters as coparceners: Vineeta Sharma and after

The 2005 amendment to Section 6 made daughters coparceners in Mitakshara joint family property. In Vineeta Sharma v Rakesh Sharma (2020) a three-judge bench held that the right accrues by birth and does not depend on the father being alive on 9 September 2005, overruling Prakash v Phulavati; partitions completed before 20 December 2004 are saved by Section 6(5). In B.S. Lalitha v Bhuvanesh (2026 INSC 499) the Court added that Section 6(5) is a narrow saving clause, not a bar to a partition suit, and that a daughter’s independent Class I right under Section 8 survives the amendment. Such disputes are handled by our family and matrimonial team.

Muslim and Christian succession in brief

• Muslims: governed by the Muslim Personal Law (Shariat) Application Act, 1937. Heirs take fixed Quranic shares; a will may dispose of only one-third of the estate without the heirs’ consent and need not follow Section 63.
• Christians: Part V of the Indian Succession Act (Sections 31 to 49) governs intestacy. A widow takes one-third where there are lineal descendants, who share the rest equally; otherwise she takes one-half and the kindred the balance.

Mutation of property in Delhi

Mutation enters the heir’s name in the Municipal Corporation of Delhi property tax register, or in DDA and L&DO records. It typically requires the death certificate, the will or an SDM legal heir certificate, an indemnity bond and no-objection letters from other heirs. Mutation does not create title: in Jitendra Singh v State of Madhya Pradesh (2021) the Supreme Court held that a mutation entry is for fiscal purposes only and that title disputes arising from a will belong in a civil court.

Recent Supreme Court rulings on wills (2025–2026)

In Parvathi Nairthi v Laxmi Nairthy (2026 INSC 521) the Court upheld an unregistered 1983 will leaving land to the testator’s sister rather than his wife and children, holding that “mere exclusion of the natural heirs … by itself, cannot be construed as a suspicious circumstance” and that non-registration carries no adverse inference.

Frequently asked questions

Is probate compulsory for a will made in Delhi?

No. Kanta Yadav v Om Prakash Yadav (2019) confirmed that Section 213 never applied to Hindu wills made in Delhi concerning Delhi property, and the Repealing and Amending Act, 2025 has since omitted Section 213 entirely.

Does a will have to be registered to be valid?

No. Registration is optional; validity turns on execution under Section 63. In Parvathi Nairthi (2026) the Supreme Court upheld an unregistered will, holding that non-registration carries no adverse inference.

Can a daughter claim ancestral property if her father died before 2005?

Yes. She is a coparcener by birth under the amended Section 6 whether or not her father was alive on 9 September 2005 (Vineeta Sharma, 2020), and has an independent Class I right under Section 8 in his share (B.S. Lalitha, 2026).

Is mutation in municipal records proof of ownership?

No. Mutation is a fiscal record for property tax purposes. In Jitendra Singh v State of Madhya Pradesh (2021) the Supreme Court held that a mutation entry confers no right, title or interest; title disputes based on a will must go to a civil court.

Sources

• Indian Succession Act, 1925, s. 63
• Kanta Yadav v Om Prakash Yadav (SC, 2019)
• Bar & Bench: Omission of Section 213 (2025)
• B.S. Lalitha v Bhuvanesh, 2026 INSC 499
• Parvathi Nairthi v Laxmi Nairthy, 2026 INSC 521

This article is general information on probate and succession in India, not legal advice, and states the law as understood on 1 October 2026. For advice on your own matter, you may contact the firm.