Matters we handle
- Drafting and registration of wills
- Succession certificates for bank deposits, shares and debts
- Probate and letters of administration
- Transfer and mutation of property after a death
- Partition among legal heirs
- Disputes over the validity of a will
Where these matters are heard
- City Civil Court, Hyderabad, and district courts
- Sub-Registrar offices, for registration of wills
- Revenue authorities, for mutation and family member certificates
- Telangana High Court
The law that applies
Wills are governed by the Indian Succession Act, 1925; a will must be signed by the testator and attested by two witnesses (section 63). Registration of a will is optional under the Registration Act, 1908 but helps prove it.
Intestate succession for Hindus is governed by the Hindu Succession Act, 1956. Since the 2005 amendment, a daughter is a coparcener by birth with the same rights as a son (Vineeta Sharma v. Rakesh Sharma, 2020). Under Muslim law, a person generally cannot bequeath more than one-third of the estate by will without the consent of the heirs.
How the process generally works
Understand the family and assets
Family members, properties, accounts and any existing will.
Draft or assess
A clear will, or an assessment of the estate and applicable succession law.
Execute properly
Signing, attestation and, if wanted, registration.
After a death
Certificates, applications and transfers for each asset.
Resolve disputes
Negotiated family settlement or court proceedings where needed.
Documents to keep ready
- Death certificate
- Existing will, if any
- Property documents and account statements
- Details of all legal heirs
Terms you may hear
- Will
- A written document stating how a person's property should pass after death, signed and attested by two witnesses.
- Codicil
- A document that adds to or changes part of an existing will.
- Probate
- A court's certificate confirming that a will is valid, granted to the executor named in it.
- Letters of administration
- A court's grant allowing a person to administer an estate where there is no executor.
- Succession certificate
- A civil court certificate to collect debts and securities of a person who died without a will.
- Coparcener
- A member of a Hindu joint family who acquires a share in ancestral property by birth; since 2005 this includes daughters.
Questions people ask
My father died without a will. Who gets his property?
For Hindus, under section 8 of the Hindu Succession Act his Class I heirs, including his widow, sons, daughters and mother, inherit his property in equal shares, with each of them taking one share. Rules differ for ancestral property and under other personal laws, so the family details decide the exact shares.
What is the difference between a legal heir certificate and a succession certificate?
A legal heir or family member certificate, issued by the revenue authorities, identifies the heirs and is used for things like pensions and transfer of utilities. A succession certificate is issued by a civil court and authorises the holder to collect the deceased's debts and securities, such as bank deposits and shares.
Can a father give all his property to one child?
A Hindu can give away his self-acquired property as he wishes, by gift or will. In ancestral coparcenary property he can deal only with his own share. Under Muslim law, a will cannot generally exceed one-third of the estate without the other heirs' consent.
Is a handwritten will valid?
Yes. A will does not need stamp paper or a particular format. It must be signed by the person making it and attested by two witnesses who saw them sign. Registration is optional but makes the will easier to prove.
Does a will have to be registered?
No. Registration is optional, but a registered will is harder to challenge and easier to trace. A valid will must be in writing, signed by the testator and attested by two witnesses.
What is a succession certificate?
A certificate from a civil court under section 372 of the Indian Succession Act that allows the holder to collect debts and securities of the deceased, such as bank deposits and shares, where there is no will.
If I am a nominee, do I own the asset?
Not necessarily. A nominee generally receives the asset on behalf of the legal heirs. Nomination does not by itself override succession law, although the position differs for some assets.
Can a will be changed?
Yes. You can revoke or change your will at any time while you are alive and of sound mind. The last valid will prevails.
My sibling refuses to partition inherited property. What can I do?
You can propose a family settlement, and if that fails, file a partition suit. The court will determine each heir's share and divide the property or order its sale.
This page gives general information about the law as it stands and is not legal advice. The right course in any matter depends on its facts.
Last updated: September 2026.