Estate planning and testamentary succession require a delicate balance of legal exactitude, procedural rigor, and thoughtful client care. Mirchandani Advocates & Co., led by Adv. Bharat M. Mirchandani, provides trusted advisory and representation in estate planning, inheritance, and testamentary litigation before the Testamentary and Intestate Jurisdiction of the High Court of Judicature at Bombay, and further guiding families and executors through the nuances of the Indian Succession Act, 1925.

Our firm advises high-net-worth individuals, executors, administrators, and legal heirs on Will drafting, estate distribution, and the procurement of court grants and probates.

Core Testamentary Services

1. Petitions for Grant of Probate

• Drafting and filing Probate Petitions in the Testamentary Department under Rule 374 of the Bombay High Court Original Side Rules.

• Securing Affidavits of Attesting Witnesses confirming due execution and the testator's sound disposing mind under Section 68 of the Evidence Act / Section 67 of the BSA, 2023.

• Managing the service of Special Citations on all legal heirs and publishing General Citations in the Government Gazette and authorized daily newspapers.

2. Letters of Administration
In instances where an individual passes away intestate (without leaving a Will), or where a Will fails to name an executor:

• Filing petitions for Letters of Administration under Section 218 or Letters of Administration with Will Annexed under Section 276 of the Indian Succession Act, 1925.

• Assisting administrators through surety justification, administration bond execution, and applications for surety dispensation before the Testamentary Registrar.

3. Succession Certificates & Legal Heirship Certificates

• Petitions for Succession Certificates under Part X of the Indian Succession Act, 1925 before the High Court or City Civil Court for the transmission of shares, securities, mutual funds, bank accounts, and debts.

• Applications for Legal Heirship Certificates under Bombay Regulation VIII of 1827.

4. Caveats & Contested Testamentary Suits

• Lodging Caveats under Rule 401 of the Bombay High Court Original Side Rules to contest probate or administration petitions within 14 days of citation service.

• Trial representation in contested Testamentary Suits involving allegations of coercion, undue influence, lack of testamentary capacity, forgery, or suspicious circumstances surrounding Will execution.

5. Estate Planning, Wills & Family Settlements

• Drafting customized Wills, Codicils, and Testamentary Trusts with clear residuary clauses and executor appointments.

• Structuring Family Settlement Deeds (FSD), Partition Deeds, and succession arrangements to resolve family property disputes amicably.
   

Testamentary Practice Protocol

1. Document Verification: Thorough verification of the original Will, municipal death certificate, title deeds of bequeathed properties, and family lineage trees.
2. Petition Preparation: Drafting petitions with complete asset and liability schedules strictly matching High Court Original Side testamentary formats.
3. Citation & Registry Compliance: Timely service of citations and monitoring of the 14-day caveat window.
4. Grant Issuance: Coordinating the sealing and issuance of the formal Grant of Probate or Letters of Administration.

Frequently Asked Questions (FAQ)

Q. Is obtaining a Grant of Probate mandatory for executing a Will in Mumbai?

Direct Legal Assessment: No. Under the erstwhile Section 213 read with Section 57(a) and (b) of the Indian Succession Act, 1925, no right as executor or legatee under a Will could be established in any Court of Justice unless a Court of competent jurisdiction had granted Probate of the Will. This statutory requirement applied to all Wills executed by Hindus, Buddhists, Sikhs, or Jains within the local limits of the Ordinary Original Civil Jurisdiction of the High Court of Judicature at Bombay, or where immovable property covered under the testamentary disposition is situated within Mumbai. However, with the formal deletion of Section 213 via the Repealing and Amending Act, 2025, the geographical and religious distinctions tied to Section 57 no longer impose the mandatory procedural barrier, meaning probate is no longer a mandatory statutory precondition to establish rights as an executor or legatee.

Q. How can a legal heir contest a fraudulent or coerced Will in the Bombay High Court?

Direct Legal Assessment: A legal heir can contest a Probate Petition by lodging a Caveat under Rule 401 of the Bombay High Court Original Side Rules within 14 days of citation service, followed by an Affidavit in Support within 8 days detailing the grounds of challenge (such as undue influence, lack of testamentary capacity, fraud, or suspicious circumstances). Upon filing the affidavit, the petition is numbered as a contested Testamentary Suit, wherein the propounder must prove valid execution and dispel all suspicious circumstances through witness examination and trial.

Disclaimer: This overview is published solely for informational purposes in compliance with Rule 36 of the Bar Council of India Rules. It does not constitute legal advice, solicitation, or advertisement. Accessing this page does not establish an attorney-client relationship.