Difference Between Probate and Succession Certificate

When a person dies, their assets (property, bank accounts, shares, etc.) need to be legally transferred to their heirs. This process is called succession. If the deceased person has left a will, then probate (court certification of the will) may be required to make the will legally enforceable.

Succession and probate in Maharashtra are governed by:

• The Indian Succession Act, 1925

• Hindu Succession Act, 1956 (for Hindus)

• Personal laws for Muslims, Christians, Parsis, etc.

Types of Succession

1. Testate Succession (With a Will)

If the deceased left a valid will, the estate is distributed as per the will.

Probate is needed:

• If the will is executed within Mumbai, Thane, Pune, or other notified areas (jurisdiction of Bombay High Court)

• When the property value is significant or disputed

2. Intestate Succession (Without a Will)

If the deceased did not leave a will, the property is distributed according to personal succession laws:

• For Hindus: as per Hindu Succession Act

• For Muslims: as per Muslim personal law

• For Christians/Parsis: as per Indian Succession Act

👉 Legal Heirship Certificate or Succession Certificate is required.

Probate – Step-by-Step Process

1. File Probate Petition

   • Filed in the Bombay High Court (Original Side) or District Court (as per jurisdiction)

2. Submit Required Documents

   • Original will

   • Death certificate

   • Property details

   • Identity proof of legal heirs

   • NOC from other legal heirs (if available)

3. Court Notice & Objection Period

   • Court issues public notice

   • Allows time for objections (typically 30–60 days)

4. Court Hearing

   • If no objection, court grants Probate Order

   • If objected, a contested case is heard

Succession Certificate

Needed mainly to transfer movable assets (bank deposits, shares, etc.) when no will exists.

• Filed before District Court

• Court may require surety or bond

• Enables transfer of assets to rightful heirs

Documents Required (Succession or Probate):

• Death certificate

• PAN, Aadhaar of deceased and legal heirs

• Property or asset documents

• Original Will (for probate)

• No Objection (NOC) from other heirs

• Affidavit & Petition with verification

Why Legal Help is Important:

• To avoid rejection due to missing formalities

• Smoothly handle objections or claims from heirs

• Drafting of petitions, affidavits, and court follow-up

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Case Study:

⚖️ Succession & Probate – A Mumbai Family Story

After Mr. Kulkarni passed away, his family faced confusion over inheriting his ancestral property in Mumbai. There was no clear legal document stating the rightful heirs.

To settle the matter legally, they approached DRS Group for help with Succession and Probate.

DRS Group guided them through:
✅ Filing the succession petition in court
✅ Gathering necessary documents and heir details
✅ Getting the probate order from the court
✅ Facilitating smooth transfer of property titles to rightful heirs

With probate in place, the Kulkarni family legally inherited the property without future disputes.

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📌 The Takeaway:

Proper Succession and Probate ensure legal ownership is passed smoothly and disputes are avoided in inheritance cases.

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DRS Group – Experts in Succession, Probate & Property Transfer.
Protect your family’s legacy with legal certainty.