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Is probate mandatory in Mumbai for a Will made prior to 1-1-26
10-Jan-2026 (In Property Law)
We are Christian so is probate needed for death in 1999 and is NOC needed from all legal heirs
For Christians in Mumbai, probate is not mandatory. Under the Indian Succession Amendment Act, 2002, Christians were exempted from compulsory probate. For a 1999 death, property mutation requires the Will, a Legal Heir Certificate, and a registered NOC from all other heirs.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Probate is not mandatory for Christians. However, it is a voluntary choice to seek probate of a Will. One can simply act on the clauses of the Will. However, sometimes authorities insist on getting a probate to avoid any dispute. Feel free to contact me for seeking any legal advice/ assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Cast and religion doesn't matter if the death occurred and If there is a Will Probate is mandatory only.
If there is NO Will: Probate is not applicable.
NOC from all legal heirs is generally required by the society unless you have probate.
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Adv. N. A. Rangapur
Thane | 25+ Answers
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Since you are Catholic, the general rule is:
Probate is not always required for a death in 1999 unless the will specifically mentions probate, or the property is immovable and needs transfer through court. Many banks and authorities accept a will along with legal heir documents.
NOC from legal heirs:
If the deceased left a will, usually only the executor and beneficiaries under the will need to give consent.
If no will, the property is inherited by all legal heirs, and most authorities require consent (NOC) from all heirs to transfer the property.
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AARS Legal Associates
Advocate Sumaiya Parvin
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Adv. Sumaiya Parvin
Mumbai | 5+ Answers
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