Faridabad · Wills · Succession · Mutation

Will and Succession Lawyer in Faridabad — Drafting Wills, Probate, Succession Certificates, Mutation and Family Settlements

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: In Faridabad, a will is proved by probate or letters of administration before the District Judge, bank and investment assets are claimed through a succession certificate under Section 372 of the Indian Succession Act, and land records are updated by mutation at the Tehsil. Probate is not compulsory for wills made in Haryana. Advocate Manish Sharma drafts wills and handles succession matters from Chamber 363, Sector 12.

This page explains which document each asset needs, when probate is needed in Haryana, succession without a will, registering and challenging a will, and how heirs' disputes are settled.

Succession lawyer in Faridabad — which document does each asset need?

Probate is a copy of a will certified by a competent court, with a grant to the executor to administer the estate. A succession certificate is a certificate from the District Judge under Part X of the Indian Succession Act, 1925 that lets the holder collect debts and securities of the deceased, such as bank deposits and shares. Mutation is the entry in revenue records recording a change of ownership; it does not by itself create or prove title.

Asset	With a will	Without a will
Bank deposits, shares, debts owed to the deceased	Nominee claim, or probate	Nominee claim, or succession certificate (Section 372)
House or plot from a development authority	Transfer on the will, heirs' consent or probate as the authority requires	Transfer to legal heirs on documents of heirship
Agricultural or revenue land	Mutation on the will at the Tehsil	Mutation by inheritance (Section 34, Punjab Land Revenue Act)
Disputed property	Probate, which may turn into a contested suit	Partition suit

Is probate compulsory in Faridabad?

No. Under Section 57 of the Indian Succession Act, probate is compulsory only for wills of Hindus, Buddhists, Sikhs and Jains made within, or concerning immovable property within, the former Presidency towns of Bengal, Madras and Bombay. A will made in Haryana about Haryana property does not need probate. Banks, societies and authorities sometimes still ask for it, and a probate is useful when heirs are likely to dispute the will.

What makes a will hard to challenge?

Signed by the testator and attested by two witnesses, as Section 63 requires.
Registered before the Sub-Registrar. Registration is optional under Section 18 of the Registration Act, but it strongly supports genuineness.
Reasons recorded where a natural heir is left out.
Capacity evidence: a doctor's certificate for an elderly or unwell testator, and a video of execution.

A will is challenged for forgery, lack of capacity, undue influence or suspicious circumstances. The person relying on the will must remove those suspicions.

Who inherits when there is no will?

For Hindus, Sikhs, Jains and Buddhists, the Hindu Succession Act, 1956 applies. A man's estate goes first to his Class I heirs, including his widow, sons, daughters and mother, in equal shares under Section 8. Daughters are coparceners in ancestral property by birth, as held in Vineeta Sharma v. Rakesh Sharma (2020). A nominee in a bank account or policy holds the money for the legal heirs and is not the owner. Disputes between heirs are settled by a registered or recorded family settlement or by a partition suit; see the property lawyer page and partition limitation.

How to choose an advocate for this matter in Faridabad

Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
Forum presence: check appearances before the court concerned on the eCourts portal.
Candour: a reliable advocate tells you the weak points of the file, not a promised result.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Faridabad. Those words in a search are best answered by the tests above.

First consultation — what to bring

The death certificate, the will if any, title documents and allotment letters, revenue records (jamabandi), bank and investment statements with nomination details, a family tree with addresses of all heirs, and any earlier court orders.

Frequently asked questions

Is probate compulsory for a will in Faridabad?

No. Section 57 of the Indian Succession Act makes probate compulsory only for wills made in or about property in the former Presidency towns of Bengal, Madras and Bombay. A will made in Haryana does not need probate, though some institutions ask for it.

Should a will be registered in Haryana?

Registration is optional under Section 18 of the Registration Act, but a registered will before the Sub-Registrar is much harder to challenge.

Does a daughter have a share in her father's property?

Yes. Under the Hindu Succession Act a daughter is a Class I heir with an equal share in self-acquired property if there is no will, and a coparcener by birth in ancestral property.

How do I claim a deceased person's bank deposits without a nominee?

Apply to the District Judge for a succession certificate under Section 372 of the Indian Succession Act, or follow the bank's legal-heir claim procedure for smaller amounts.

Is the nominee the owner of the money?

No. A nominee receives the amount but holds it for the legal heirs, who inherit under the will or the law of succession.