Practice area

Wills, Succession and Probate Lawyers in Delhi

A properly drafted will prevents most inheritance litigation, and costs a small fraction of it. Where there is no will, or where the will is disputed, the remedies are a succession certificate, letters of administration, probate, or a partition suit — each serving a different purpose.

What we handle

  • Drafting and registration of wills
  • Probate of a will
  • Letters of administration where there is no will
  • Succession certificates for debts and securities
  • Legal heir certificates
  • Challenging or defending a disputed will
  • Partition of inherited property
  • Family settlements and relinquishment deeds

Key facts

Governing law
Indian Succession Act, 1925, and the applicable personal law of succession
Registration of a will
Not mandatory in law, but registration significantly strengthens a will against later challenge
Succession certificate
Used for movable assets — bank balances, shares and debts — not for immovable property
Probate
Judicial confirmation of a will, granted by the court having jurisdiction
Where heard
District courts and the Delhi High Court depending on the value of the estate

How it works

  1. Draft properlyClear identification of assets, an executor, two attesting witnesses, and no ambiguity. Most challenged wills fail on execution, not on intention.
  2. RegisterRegistration is optional but is the single cheapest way to reduce the risk of a challenge.
  3. Apply where requiredBanks and registrars frequently insist on probate, letters of administration or a succession certificate before releasing assets.
  4. Resolve disputesFamily settlement first where possible; partition suit where it is not.

Common questions

Does a will have to be registered to be valid?

No. An unregistered will executed with two attesting witnesses is legally valid. Registration is nonetheless strongly advisable because it makes the will considerably harder to challenge on grounds of forgery or undue influence.

What is the difference between a succession certificate and probate?

A succession certificate covers movable assets such as bank deposits, shares and debts owed to the deceased. Probate is the court's confirmation of a will and covers the estate under that will. Letters of administration are granted where a person dies without a will.

Can a will be challenged after probate?

Probate proceedings themselves are the appropriate stage to raise objections, and probate granted after contest is binding. Challenges after grant are possible but substantially harder, which is why timely objection matters.

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Disclaimer. In accordance with the Rules of the Bar Council of India, this website is not an advertisement or solicitation of work. Nothing on this site should be construed as legal advice, and no advocate-client relationship is created by visiting it or by contacting us. Information is provided for general reference only and may not reflect the most current position of law.