Under the Repealing and Amending Act, 2025, the requirement to get compulsory probate of a will in cities like Mumbai has been repealed. No mandatory probate, but getting one can still help avoid future disputes, especially in some institutions (banks, registrar, housing societies) and revenue offices may still ask for probate or legal heir documentation for their administrative comfort, and some still treat probate as a strong evidence.

If your mother executed a valid registered Will leaving her property to her two sons, then sisters are not legal heirs to that property, their NOC is not required for the transfer based on the will, you do not need any NOC from the sisters if the will is valid and unchallenged.

Since this property comes from your mother’s sale proceeds / investment (not ancestral property), it is regarded as self-acquired property. She can legally leave it to whomever she chooses in her will. Therefore, sisters generally cannot claim a share if they’re not named in the will.

It is necessary to peruse will lo to advice 

If property given to only sons then daughters have to challenge the will on grounds of undue influence or coercion or that mother was not mentally fit at time of execution of will 

If sisters are not beneficiary in will they have no share  in property 

Probate of will is not mandatory 

Rs 75000 Is  court fees 

legal fees vary depending  upon lawyer engaged by you 

If will is not contested you get probate in a year 

The cash, FD, stocks, PPF are self acquired property of your father, hence sisters have no claim beyond what is given in the will. Daughters are not entitled to an equal share if a valid will exists. A probated will is conclusive proof. Father had full right to distribute his self-acquired assets as he wished. They cannot demand more, cannot reopen distribution, cannot claim equality.

- Yes, it is correct that no probate is required in Mumbai , however for the safe of future dispute or challenge over the Will is a Probate needed. 

- However , the said NOC by them is also sufficient .

- For getting Probate of the Will, a petition should be filed before the Court , where all the parties may be summoned by the Court. 

- The cost depend upon the lawyer to whom you will engaged. 

Section 213 of the Indian Succession Act, which earlier made probate compulsory in Mumbai (a Presidency Town), has been repealed.Therefore, from 2025 onwards and continuing in 2026, a valid Will does NOT require probate to transfer property in Mumbai. Probate is now optional, not mandatory.

In Maharashtra, probate court fees are governed by the Bombay Court Fees Act. The Court fee is  approx. 2% of the value of the estate, subject to a maximum cap. Rate: 2%. Maximum cap: ₹75,000 (this cap applies in Maharashtra). So even if the estate is worth crores, court fee will not exceed ₹75,000.

If the probate petition is uncontested then the time taken can be approximately 6 to 9 months, however if it is contested , due to objections, evidences cross examination formalities, the time taken for disposal may vary from 2 to 4 years also 

The court fees are 75000 rest will be lawyer cost and other charges. It may go till 2 to 3 lakhs, it may take 1 year max

First, about the claim that from 2026, sisters’ NOC is compulsory in Mumbai and no probate is required.

There is no law in force or notified for 2026 in Maharashtra or Mumbai which makes it compulsory to obtain sisters’ NOC for transfer of property when a valid registered Will exists. There is also no law abolishing probate for Mumbai properties. Any statement that “from 2026 probate is not required” or “NOC from sisters is mandatory” is incorrect as of today.

In Mumbai (which falls under the original civil jurisdiction of the Bombay High Court), probate of a Will is still legally mandatory when the Will relates to immovable property situated in Mumbai, regardless of whether the Will is registered. This position continues unless and until the law is formally amended and notified — which has not happened.

If a Sub-Registrar is asking for sisters’ NOC, it is an administrative practice, not a legal requirement. Administrative practice cannot override succession law.

Now, on the flat purchased by your mother using sale proceeds of property gifted to her by her father.

If your grandfather gifted the property exclusively to your mother, and she later sold that property and used the proceeds to buy a flat in Mumbai in her own name, then:

• That flat is your mother’s self-acquired property

• It does not retain the character of ancestral property

• Your aunts (mother’s sisters) have no claim whatsoever in that flat

Once a gift is validly made and accepted, the donor’s other children lose all rights in that property forever. The source of funds (even if ancestral earlier) becomes irrelevant after a valid gift.

If your mother has left a Will giving that flat to her sons only, sisters cannot claim any share, even if they are not mentioned at all.

Now, regarding your father’s HUF and exclusion of sisters.

Under Hindu law:

• Daughters are coparceners only in ancestral HUF property, not in self-acquired property

• Your father’s self-acquired assets (cash, FDs, stocks, PPF, mutual funds) can be freely disposed of by Will

• If your father’s Will is probated and gives:

– only cash to daughters, and

– the rest to sons,

then daughters have no further claim beyond what is written in the Will.

They cannot demand equal share in:

• FDs

• shares

• PPF

• bank balances

as long as these are self-acquired assets and the Will is valid.

If the property or assets were true HUF ancestral property, then daughters would have a coparcenary share. But you have clearly stated:

• Father was Karta

• Sisters not made Karta (irrelevant anyway)

• Assets disposed through a probated Will

That means the assets were treated as father’s separate estate, not joint coparcenary property.

Now, on probate — cost, time, and chances in Mumbai.

Probate in Mumbai is:

• Filed before the Bombay High Court (Original Side)

• Mandatory for Mumbai immovable property

Costs (approximate):

• Court fees: up to ₹75,000 (capped in Maharashtra)

• Advocate fees: varies, usually ₹50,000 to ₹2.5 lakhs, depending on contest

• Miscellaneous expenses: citations, publication, affidavits

Timeline:

• Uncontested probate: 6–9 months

• Contested probate: 2–5 years, depending on objections

Chances of success:

If:

• Will is properly executed

• Testator had sound mind

• Attesting witnesses are available or affidavits exist

• No coercion or fraud is proved

Then chances of probate being granted are very high, even if sisters object.

Objection alone does not defeat probate — proof does.

Final legal position summarised for you:

• There is no 2026 law mandating sisters’ NOC in Mumbai

• Probate is still compulsory for Mumbai property under a Will

• Mother’s self-acquired flat cannot be claimed by her sisters

• Father can lawfully exclude daughters from self-acquired assets via Will

• Daughters’ rights arise only in ancestral HUF property, not self-acquired estate

• Probate is the cleanest and safest route to permanently shut all future claims

If you want, I can also guide you on:

• how to deal with Sub-Registrar NOC demands legally

• how to pre-empt frivolous objections by sisters

• whether a succession certificate is needed for financial assets

• how to structure documents so banks and registrars don’t delay transfers

Dear client,

It is not necessary to get NOC from sisters if there is a registered will that is stipulating the property in your name. If the will is only in your favor and not in your sister's name then the NOC is not necessary.

Also it is important to note that in case of a registered will, there is no need for a probate and the same has been upheld by the court in several cases. No, your sisters cannot claim in the property if their names are mentioned in the will.

By way of the Repealing and Amending Act, 2025 now, a compulsory probate will no longer be required to act on a will. Probate is no longer mandatory in Maharashtra.  

The cost for getting a probate varies from state to state and in Maharashtra, it is capped at Rs 75,000 or 2-7.5% of assets and includes other costs like stamp duty and so on. 

However, it is no longer mandatory to get a probate in case of a registered will.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.