After a death, the document needed to establish a claim depends on the asset, the applicable succession rules and the institution handling the claim. In Maharashtra, administrative heir-related documents, a court-issued heirship certificate, succession certificates and probate serve different purposes. Confirm the exact document and issuing authority required before applying.
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Which Route Applies to You?
| Document or process | What it actually is |
|---|---|
| Administrative heir-related certificate | Identify the particular service, issuing authority and accepted purpose for your case; don’t assume it’s interchangeable statewide. |
| Court-issued heirship certificate | A separate route under Bombay Regulation VIII of 1827, granted or refused by a court, not a revenue office. |
| Succession certificate | Covers debts and securities under the Indian Succession Act, 1925; its scope is narrower than “all movable assets.” |
| Probate / letters of administration | Probate proves a will. Letters of administration are granted with or without a will, depending on the case. Confirm which applies before assuming a procedure. |
| An institution’s own deceased-claim procedure | A bank or other organisation may have its own claim process that doesn’t require every certificate above. Check with them directly. |
These aren’t interchangeable, and more than one may be relevant depending on what you’re trying to do. Using the wrong one can mean reapplying through an entirely different process.
An Administrative Route: Mumbai City District’s FAQ
Mumbai City district publishes an official FAQ for Heirship Certificate, confirmed live on 2 October 2026, describing a revenue-office process: applications at the Tahsil office, Revenue office, a Setu Kendra, or a Maha-e-Seva Kendra, with the Tahsildar/SDO as issuing authority. This describes one administrative route, not a complete statewide legal framework. Confirm whether this specific route provides the document actually required for your transaction and jurisdiction, since a separate court route also exists (below).
The Separate Court Route: Bombay Regulation VIII of 1827
Maharashtra also has a court-issued heirship certificate route under Bombay Regulation VIII of 1827, confirmed 2 October 2026 via a Bombay High Court judgment reproducing the Regulation’s text. This certificate is granted or refused by a court, not a Tahsildar or SDO, and is a different process from the administrative route described above.
Critically, the Regulation itself limits what this certificate does. Its own text states: “the granting of such certificate shall not finally determine nor injure the rights of any person,” and separately that a refusal “shall not finally determine the rights of the person whose application is refused.” In practice: a court-issued heirship certificate does not by itself transfer ownership, determine each person’s share, or finally resolve competing inheritance claims. If your situation involves a property record, that record’s own transfer or updating process with the applicable property authority is a separate matter from obtaining this certificate.
The Regulation also provides for annulment of a granted certificate in specified circumstances, so a certificate without a routine expiry date is not necessarily immune from later correction or challenge.
Succession Certificate and Probate
A Succession Certificate, under the Indian Succession Act, 1925, is specifically for debts and securities, not a general-purpose document for all movable assets. Probate proves a will in court and confirms the executor’s authority. Letters of administration are the court grant for administering an estate where there is no will, or, as letters of administration with the will annexed, where there is a will but no executor able to act. Which one applies depends on the facts, so establish whether you need one before assuming a procedure.
The Repealing and Amending Act, 2025 (Act 37 of 2025, enacted on 20 December 2025) omitted section 213 of the Indian Succession Act, which had made probate or letters of administration with the will annexed a condition for establishing an executor’s or legatee’s right under certain wills. The omission is confirmed in a PIB factsheet of 1 January 2026, and the Act is on India Code. It does not abolish probate as a procedure. A bank, society or registrar may still ask for probate, so if a will is involved, confirm the current requirement with the body that is asking and, where the estate is large or disputed, with a legal professional.
What Matters for Your Specific Claim
Different institutions have different requirements. Don’t assume one certificate handles everything:
| Your task | First practical step |
|---|---|
| Bank deposit claim | Obtain the bank’s current deceased-depositor checklist |
| Insurance payout | Check the insurer’s own claim requirements |
| Pension or employment benefits | Contact the administering department or employer |
| Provident-fund claim | Check the relevant scheme’s beneficiary and claim procedure |
| Property records | Establish the property authority’s own transfer/updating requirements separately |
| Flat in a co-operative housing society | Ask the society which document it accepts; the Co-operative Societies Act names the options (see below) |
| Agricultural land (7/12 extract) | Report the heir entry to the Talathi or apply through the e-Hakk portal (see below) |
Society Flats and 7/12 Extracts After a Death
Co-operative housing society flats. Section 154B-13 of the Maharashtra Co-operative Societies Act, inserted by an amending Act of 2019, says a society shall transfer a deceased member’s share, right, title and interest on the basis of testamentary documents, a succession certificate, a legal heirship certificate or a document of family arrangement signed by the people entitled to inherit, or to a duly nominated person. It also says a nominee is admitted as a provisional member until the legal heirs or other entitled persons are admitted. The section lists these documents as alternatives and does not say who must issue the heirship certificate, so ask your society what it will accept. Our property mutation guide covers the record-updating side.
Land records. Section 149 of the Maharashtra Land Revenue Code asks a person who acquires a right in land by succession to report it to the Talathi within three months, and the Talathi must acknowledge the report in writing. The Mahabhumi e-Hakk portal accepts heir entry (varas nond) applications online. Its published FAQ lists a death certificate, age proof and Aadhaar copies for all heirs, a prescribed affidavit or self-declaration about the heirs, and contact details, and it does not list a legal heir certificate. We found no rule that either requires or waives one for this entry, so confirm with the Talathi before you pay for a certificate. For a property card, see our property card guide.
Banking Claims: What RBI’s 2025 Directions Actually Say
We checked the Reserve Bank of India’s own notification directly, confirmed 2 October 2026: the Reserve Bank of India (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, issued 26 September 2025, to be implemented by banks no later than 31 March 2026.
These directions distinguish nominee/survivor claims from other claims. For a qualifying nominee or survivor payment, RBI’s own text states that the bank “shall not insist on production of legal documents such as Succession Certificate, Letter of Administration, Probate of Will, etc., or seek any bond of indemnity/surety from the nominee(s)/survivor(s)/third-party, irrespective of the amount.” This directly contradicts the common assumption that a higher claim amount automatically triggers a requirement for a Succession Certificate or indemnity bond.
For a bank deposit, first check whether a valid nomination or survivorship clause exists and whether the claim is disputed; these factors affect the documentation required far more than the amount involved. Obtain the bank’s current deceased-depositor checklist directly rather than assuming a Succession Certificate is automatically required.
For claims without a nomination, RBI’s directions set a simplified route that applies only when four conditions all hold: no nomination or survivorship clause, no will, no contesting claim, and no court order stopping the payment. What the bank can accept then depends on the amount, measured against a threshold of ₹15 lakh for most banks and ₹5 lakh for co-operative banks. A bank may set a higher limit.
| Claim amount | What the bank can accept under RBI’s 2025 directions |
|---|---|
| Up to the threshold | A claim form, the death certificate, the claimant’s identity document, an indemnity bond and a disclaimer from other heirs where applicable, plus either a legal heir certificate from a competent authority or a declaration by an independent person who is well known to the family, is not a party to the claim and is acceptable to the bank. No third-party surety bond. |
| Above the threshold | A succession certificate with the claim form, death certificate and identity document; or a legal heir certificate from a competent authority; or an affidavit sworn before a notary, judge or magistrate by an independent person who is well known to the family, is not a party to the claim and is acceptable to the bank. For the legal heir certificate and affidavit routes the bank must call for the full set of documents listed for the lower band, including the indemnity bond and any disclaimer from other heirs. It may also ask for a surety bond from third parties who are good for the claim amount. |
RBI does not define “competent authority” in these provisions. If there is a will and no dispute, the directions ask for probate or letters of administration, although the bank may act on an undisputed will without probate if it is satisfied that the will is genuine. Once the bank has every document, it has 15 calendar days to settle a deposit claim. If the delay is the bank’s fault, it must pay interest at not less than the Bank Rate plus 4% a year on the amount due for the period of delay.
Payment to a nominee or survivor is received as a trustee of the legal heirs, so it does not settle anyone’s inheritance rights. The directions do not apply to government savings schemes such as PPF and SCSS, which follow their own rules.
Where to Apply (Administrative Route) and an Unresolved Gap
For the administrative route, any close relative of the deceased, such as a spouse, son or daughter, or parent, can apply, and a minor heir’s legal guardian applies on their behalf. Mumbai City district’s FAQ names the Tahsil or Revenue office, a Setu Kendra or a Maha-e-Seva Kendra as places to apply, and its answer to question 14 says an online application is possible through Aaple Sarkar. The Aaple Sarkar catalogue we checked on 2 October 2026 lists no general legal heir service. The heir services it does list are specific to the Slum Rehabilitation Authority and should not be used for another inheritance task. We could not reconcile the two, so confirm the service and issuing authority with your Tahsil office before submitting documents.
Documents to Prepare and Requirements to Confirm
Based on Mumbai City district’s official FAQ for the administrative route, commonly requested items include a death certificate, the applicant’s identity proof, proof of relationship with the deceased, the other heirs’ names and signatures, and an affidavit. Treat this as preparation guidance for that specific route, not a universal requirement for every process described in this article. Separately confirm:
- Whether a will exists
- The specific asset or claim involved
- Any existing nomination or joint-holding arrangement
- Any dispute or existing court order affecting the estate
- The exact certificate name the requesting organisation has asked for
Collecting other heirs’ signatures is part of one specific administrative process; it doesn’t by itself establish anyone’s inheritance rights.
Fees and Timelines
Mumbai City district’s FAQ states a typical administrative timeline of 30 to 60 days (longer if objections are raised) and a fee of roughly Rs 100 to Rs 200, varying by district. These figures are specific to that district FAQ’s administrative route; they do not establish court fees or court disposal times for the separate heirship-certificate or succession-certificate routes. Confirm the applicable charges and expected processing stages with the relevant office or court registry for your specific route.
For the court routes, the court fee is set by the Maharashtra Court-fees Act, 1959. For probate and letters of administration (Article 10 of Schedule I), once the value exceeds ₹1,000 the fee is 2% of the value up to ₹50,000, plus 4% of the part from ₹50,000 to ₹2 lakh, 6% of the part from ₹2 lakh to ₹3 lakh and 7.5% of the part above ₹3 lakh, subject to a maximum of ₹75,000 in the Act’s text. On a ₹50,000 estate the first slab comes to ₹1,000. A succession certificate (Article 11) uses the same scale on the debts and securities listed in the certificate when it is first granted, and extending it to further debts or securities under section 376 costs two times that fee on the added amount. A Regulation VIII heirship certificate (Article 12) uses the scale on the value of the property covered. A small fixed application fee of ₹30 or ₹50, depending on the value, applies as well. We read these from the Law and Judiciary Department’s published copy of the Act, a consolidation uploaded in 2025 that may not show later amendments.
Separately, LiveLaw reported that the state cut the maximum fee for widows from ₹75,000 to ₹10,000. We could not find the notification or its conditions, so the ₹75,000 cap above is the Act’s text and may not be what you pay. Ask the court registry which cap applies to you.
Decision Worksheet
Work through this before applying for anything:
| Question to establish | Your notes |
|---|---|
| Which asset or benefit is involved? | |
| Which institution is handling it? | |
| Is there a will, nomination or joint holding? | |
| Is the claim disputed? | |
| What exact document has been requested? | |
| Which authority must issue it: revenue office or court? | |
| What current checklist and charges apply? | |
| What acknowledgement or reference should be retained? |
Related Guides
- Property mutation in Navi Mumbai: updating ownership records.
- Property card in Navi Mumbai: how to read and obtain it.
- Domicile, caste and income certificates in Maharashtra: the basic certificate guide.
- Senior citizen certificate in Maharashtra: who issues it and what to carry.
Frequently Asked Questions
Is a legal heir certificate the same as a court-issued heirship certificate?
No. An administrative legal heir certificate is issued by a revenue office such as the Tahsildar/SDO, while a separate heirship certificate route exists under Bombay Regulation VIII of 1827, granted or refused by a court. Confirm which one your situation actually requires.
Where should I apply in Maharashtra?
It depends on the route. For the administrative route, Mumbai City district’s FAQ describes applying at a Tahsil office, Revenue office, Setu Kendra or Maha-e-Seva Kendra. We could not confirm a general-purpose online application service, so check with your Tahsil office before submitting documents.
Does every bank claim require a succession certificate?
No. Per RBI’s Settlement of Claims in respect of Deceased Customers of Banks Directions, 2025, banks must not insist on a Succession Certificate, Probate or an indemnity/surety bond for a qualifying nominee or survivor payment, regardless of the amount. Check whether a valid nomination exists and whether the claim is disputed before assuming extra documents are needed.
Does an heirship certificate transfer property ownership?
No. Bombay Regulation VIII of 1827 itself states that granting the certificate does not finally determine or injure anyone’s rights. It does not by itself transfer ownership, determine shares, or resolve competing claims; property-record transfer is a separate process with the applicable property authority.
What determines the fee and processing time?
It depends on the specific route. Mumbai City district’s FAQ states roughly Rs 100 to Rs 200 and 30 to 60 days for its administrative process, but this does not establish court fees or timelines for the separate heirship-certificate or succession-certificate routes. Confirm directly with the relevant office or court registry.
What should I check if the deceased left a will?
Whether probate or letters of administration are needed depends on your circumstances. The Repealing and Amending Act, 2025 omitted section 213 of the Indian Succession Act, which had made probate a condition for establishing rights under certain wills (PIB factsheet, 1 January 2026). Probate still exists as a procedure, and a bank, society or registrar may still ask for it, so confirm the requirement with the body that is asking.
Is a legal heir certificate compulsory?
Not by law in every case. The Bombay High Court observed in 2017 that no legal heir is compelled to apply for a succession certificate or an heirship certificate (Kusum Chandrakant Shankardas v. Rajeshri Chandrakant Shankardas, 1 November 2017). In practice, what you need depends on who is asking, whether a bank, a housing society or a revenue office. Ask that body which document it accepts.
What does RBI require for a bank claim with no nominee?
The simplified route applies only when there is no nomination, no will, no contesting claim and no court order. Up to the threshold, which is ₹15 lakh at most banks and ₹5 lakh at co-operative banks, the bank can accept a legal heir certificate from a competent authority or a declaration by an independent person known to the family, with an indemnity bond. Above it, the bank can accept a succession certificate, a legal heir certificate or a notarised affidavit by such a person. The bank has 15 calendar days to settle once it has every document.
What is the court fee for a succession certificate in Maharashtra?
Under the Maharashtra Court-fees Act, 1959, it is the probate scale applied to the debts and securities listed in the certificate when it is first granted. Once the value exceeds ₹1,000 that is 2% of the value up to ₹50,000, then 4%, 6% and 7.5% on higher slabs, with a maximum of ₹75,000 in the Act’s text, plus a small application fee. Extending the certificate to more debts costs two times that fee on the added amount. A reduced cap for widows has been reported, but we could not confirm the notification, so ask the court registry which cap applies.
Do I need a legal heir certificate to update a 7/12 extract after a death?
The e-Hakk heir entry checklist asks for a death certificate, identity proof of the heirs, a prescribed affidavit or self-declaration about the heirs and contact details, and does not list a legal heir certificate. We found no rule that requires or waives one, so check with the Talathi. The Maharashtra Land Revenue Code asks you to report a right acquired by succession to the Talathi within three months.
Can a co-operative housing society transfer a flat using a legal heir certificate?
Section 154B-13 of the Maharashtra Co-operative Societies Act lets a society transfer a deceased member’s share on the basis of testamentary documents, a succession certificate, a legal heirship certificate or a family arrangement document, or to a duly nominated person. A nominee is admitted as a provisional member until the heirs are admitted. The section does not say who must issue the heirship certificate, so ask your society what it will accept.
Is a family tree the same as a legal heir certificate?
We found no official source that defines a standalone family tree certificate. The e-Hakk heir entry checklist asks for a prescribed affidavit or self-declaration about the heirs, which is a different document from a legal heir certificate. If an office asks for a family tree, ask in writing which document it wants.
Can an MLA or corporator issue a legal heir certificate?
We found no official source that says so. Mumbai City district’s FAQ names the Revenue Department (Tahsildar or SDO) as the issuing authority. It lists a corporator among the people whose details may be given as witnesses and among those who may verify the application, so a corporator’s letter is not shown as the certificate itself.
Sources & Verification Date
Sources checked on 2 and 3 October 2026: Mumbai City District: FAQ for Heirship Certificate, for the administrative route’s purpose, application location, documents, processing time, fee and permanence claim; Bombay Regulation VIII of 1827, verified via its text as quoted in a Bombay High Court judgment, for the separate court-issued heirship-certificate route and its Section 7/Rule 8 limitations; the Reserve Bank of India (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025; and Aaple Sarkar’s own homepage, checked directly, which lists only Slum Rehabilitation Authority-specific heir-related services. Added on 3 October 2026: RBI’s directions, paragraphs 7(h), 10, 11, 31 and 33, read in the notification above; the Law and Judiciary Department’s Maharashtra Court-fees Act, 1959, Schedule I Articles 10 to 12; the Maharashtra Co-operative Societies (Amendment) Act, 2019, section 154B-13; section 149 of the Maharashtra Land Revenue Code; the Mahabhumi e-Hakk FAQ, question 11; the Bombay High Court judgment in Kusum Chandrakant Shankardas; and a LiveLaw report on the widows’ fee cap, linked above. Mumbai City district’s FAQ questions 9, 14, 24 and 66 were re-read for the issuing authority, online application and witness points. The omission of section 213 of the Indian Succession Act is taken from the PIB factsheet of 1 January 2026 on the Repealing and Amending Act, 2025.
Illustrative AI-generated image: a death certificate, family photographs and legal documents arranged on a desk. It does not depict an actual government office, an actual court, or a real certificate.
