Gift deed
Will Drafting & Probate in Mumbai
Known locally as Mrityupatra (मृत्युपत्र). Drafted, verified and registered by Maharashtra legal partners — fixed fee from ₹12,999 onwards*.
Serving Mumbai and the surrounding belt: Thane, Navi Mumbai, Kalyan, Dombivli, Mira-Bhayandar, Vasai-Virar, Panvel, Ulhasnagar, Badlapur and Bhiwandi.
The above charges do not include government fees, stamp duty, or any additional incidental / out-of-pocket expenses incurred at government offices.
Will Drafting scope & turnaround in Mumbai
Under the Indian Succession Act, 1925. Most Mumbai properties fall within BMC / MCGM (Brihanmumbai Municipal Corporation) limits.
Until December 2025, probate was mandatory here for wills of Hindus, Buddhists, Sikhs and Jains. Section 213 has since been omitted, so probate is now optional — but much guidance still online has not caught up. A will still attracts no stamp duty, and registration remains optional.
How a will drafting is registered in Mumbai
- Establish exactly what the testator owns solely, jointly, and as coparcener — this determines what can validly be willed.
- Identify beneficiaries and confirm no intended witness is also a beneficiary.
- Draft the will with a clear asset schedule, residuary clause, executor appointment and express revocation of earlier wills.
- Execute the will in the presence of two witnesses who attest in the testator's presence.
- Where the testator is elderly or unwell, obtain a contemporaneous medical fitness certificate to pre-empt capacity challenges.
- Register the will at the Sub-Registrar Office — optional, but it materially strengthens the evidentiary position.
- Consider whether to apply for probate — no longer mandatory since the 2025 repeal, but still useful where the estate is large, beneficiaries are dispersed, or a challenge is anticipated.
Documents required in Mumbai
- List of all immovable property with title deed references
- List of financial assets — bank accounts, deposits, securities, insurance
- Aadhaar and PAN of the testator and every beneficiary
- Identity details of two witnesses who are not beneficiaries
- Medical fitness certificate, where the testator is elderly or unwell
- Prior will, if any, that the new will is to revoke
- Death certificate and asset schedule, where probate is being applied for
Sub-Registrar Offices in Mumbai
Mumbai City 1 (Old Custom House)Mumbai City 2Mumbai City 3Mumbai City 4Mumbai City 5Andheri 1Andheri 2Andheri 3Andheri 4Andheri 5Andheri 6Andheri 7Borivali 1Borivali 2Borivali 3Borivali 4Borivali 5Kurla 1Kurla 2Kurla 3Kurla 4Kurla 5BandraGoregaonDahisar
Local terms used in Mumbai registration offices
Mutation entry in revenue records
Record of Rights extract
Property card
Registration
Stamp duty
What goes wrong — Maharashtra and Mumbai specifics
Probate is no longer mandatory in Mumbai — this changed in December 2025
For decades, a will of a Hindu, Buddhist, Sikh or Jain made in Mumbai, or disposing of Mumbai immovable property, required probate before it could be acted on. Section 213 was omitted by the Repealing and Amending Act, 2025. Probate is now optional. Most guidance online, and a good deal of professional practice, has not yet caught up.
Co-operative society nomination is not inheritance
A society nomination determines who the society deals with, not who inherits. Mumbai families routinely assume a nomination overrides a will — it does not, and the nominee holds for the legal heirs.
A witness who is also a beneficiary can lose their bequest
Under the Indian Succession Act, a bequest to a person who attests the will is void, though the will itself survives. Families routinely use a son or daughter as witness and unintentionally invalidate that person's inheritance.
A will cannot dispose of what the testator does not solely own
Undivided coparcenary interest, jointly held property and property held with survivorship rights cannot always be willed freely. A will drafted without establishing the nature of ownership creates disputes rather than preventing them.
Registration is optional but evidentially valuable
A will need not be registered to be valid. But an unregistered will is far easier to challenge on grounds of forgery or undue influence, and registration creates a contemporaneous official record of execution.
The latest valid will governs — and revocation must be explicit
Multiple wills executed over the years without express revocation of earlier ones are a common source of litigation. Each new will should expressly revoke all prior wills and codicils.
Co-operative society share certificate transfer is separate
Almost every Mumbai flat sits in a co-operative housing society. Registering the gift deed does not transfer society membership — the share certificate must be endorsed and the society's transfer procedure followed, or the donee cannot vote, mortgage or sell cleanly.
Redevelopment and tenancy complicate title
Buildings under redevelopment, or holding pagdi and protected-tenancy rights, carry title positions that a gift deed cannot simply transfer. Developer agreements and society consent must be reviewed before drafting.
The ₹200 rate does not apply to commercial premises
Mumbai has a high proportion of commercial and mixed-use inventory. Gifting an office or shop to the same close relative attracts 3% of market value, not ₹200 — a difference of lakhs on typical Mumbai valuations.
Will Drafting services across Mumbai
Malabar HillCuffe ParadeJuhuBandra BandstandPali HillWorli Sea FaceLower ParelPrabhadeviNariman PointPowaiSantacruz WestKhar West
Will Drafting FAQs — Mumbai
What is the stamp duty on a gift deed to a family member in Mumbai?
For residential or agricultural property gifted to a close relative, Maharashtra charges a flat ₹200 stamp duty, with registration at 1% of market value capped at ₹30,000. This is the lowest family-transfer duty of any major Indian state. Local body and metro cess may apply on top. Figures are indicative, compiled July 2026 — confirm before executing.
Does the ₹200 gift deed rate apply to my Mumbai office or shop?
No. The ₹200 concession is limited to residential and agricultural property. Commercial premises gifted to the same close relative attract 3% of market value. On a ₹3 crore Lower Parel office that is roughly ₹9 lakh rather than ₹200, so establishing the property's classification before drafting matters enormously here.
Is the 15-year lock-in on gifted property still in force in Maharashtra?
No. Maharashtra removed the restriction in 2026. Previously a donee who sold within 15 years risked losing the concessional treatment. A good deal of guidance still online refers to the old rule, so it is worth confirming the current position for your specific transaction.
Do I need society NOC to gift my flat in Mumbai?
The society cannot ordinarily block a genuine gift, but the share certificate transfer runs through the society and its procedure must be followed. In practice we handle the deed and the society transfer together, because a registered deed with untransferred shares creates problems at the next sale.
Which Sub-Registrar Office covers my Mumbai property?
Mumbai is served by the Mumbai City offices at Old Custom House and the suburban offices grouped under Andheri, Borivali, Kurla and Bandra. Jurisdiction follows the property's location. We confirm the correct office and book the slot through IGR Maharashtra as part of the service.
How long does mutation take after registration in Mumbai?
Registration itself is a single appointment. Updating the municipal property card or 7/12 extract through the Ferfar process typically takes 30–60 days in Mumbai, and it is that step — not registration — that makes the donee the recorded owner.