Dhiraj Solanki 20 February 2026
The Repealing and Amending Act, 2025 now omits Section 213 of the Indian Succession Act, 1925, which earlier made probate compulsory for enforcing wills. As this requirement to obtain probate of a will is now no longer compulsory, please can someone throw light on the procedure and documents required to transfer a Flat in favour of the Beneficiary of a Will without going to court to get the Probate. The flat is located in a Co-Operative Housing Society in Mumbai suburb.
T. Kalaiselvan, Advocate (Advocate) 21 February 2026
On the basis of the bequest, you have become the owner, now you have to approach revenue department with the copy of Will, death certificate of the deceased testator, NOC from other legal heirs and an application for transfer of revenue records on your name.
Dr. J C Vashista (Advocate ) 21 February 2026
Apply for mutation in muncipality of the property for transfer it in the name of beneficiary of subject will.
Dhiraj Solanki 21 February 2026
Both the witnesses of the Will have expired, so will the death certificate of witnesses required by registrar of assurance to register Flat transfer in favour of beneficiary and can the Society demand death certificate of witnesses. What if the family members of the deceased witnesses do not want to share the copy of death certificate.
T. Kalaiselvan, Advocate (Advocate) 22 February 2026
The witnesses need to depose evidence only in the probate proceedings and not for registration purpose or for mutation purpose.
Therefore you may have a control over your anxiety on such petty issues.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
