How to Apply for a Legal Heir Certificate in Maharashtra 2026?
How to Apply for a Legal Heir Certificate in Maharashtra 2026?
The document issued in Maharashtra is a certificate of heirship granted under Bombay Regulation VIII of 1827. It comes from the court within whose jurisdiction the property lies, on an application to the Judge, for a court fee calculated on the property value that reaches Rs 75,000 on the top band. The court issues a proclamation inviting objections within 1 month. Before applying, find out which document the bank or the housing society has actually asked for, because three different documents are called by this name.
WillJini checks which of the three documents the case needs before any paperwork is prepared. A single request from a bank or a housing society often uses the same conversational terms for three distinct statutory instruments: the land record change, the heirship certificate, and the succession certificate. Because these three run through different offices under different laws with different fee structures, applying for the wrong one stalls the estate settlement. The rest of this page sets out the procedure, the costs, and where applications stop.
What if the death was not in Maharashtra?
Each state runs its own procedure, and this page is Maharashtra's. If the death was in Mumbai, the Mumbai page names the bench that covers each address. If you are not sure whether you need this certificate or a court's succession certificate, the difference between the two sets out which one a bank or a society will accept.
If the estate involves real estate situated within the city, refer to the legal heir certificate in Mumbai. If the matter involves property in Pune, consult the legal heir certificate in Pune. For professionals handling the application on your behalf, review legal heir certificate assistance in Maharashtra.
Related guides:
- How to apply for a legal heir certificate in India
- Cost of succession certificate in India
- Applying for a legal heir certificate online
- Power of attorney types and their benefits
How to Obtain a Legal Heir Certificate in Maharashtra?
The procedure does not run through a local Tahsildar or a government service portal. The certificate of heirship is granted by a court under Bombay Regulation VIII of 1827. The application goes through these steps.
Step 1: Identify which document the office has requested
Three different documents are called a legal heir certificate in Maharashtra, and applying for the wrong one will delay the estate settlement. A record change is an entry in the record of rights, commonly called varas nond, notified at 30 days before the City Survey Officer or Deputy Superintendent of Land Records. A certificate of heirship is the varas praman patra granted by a court under the Regulation and charged on the value of the property. A succession certificate falls under Part X of the Indian Succession Act for debts and securities. WillJini establishes which of the three the case needs before anything is filed, because a mutation entry does not produce a certificate of heirship and the certificate does not update the land record.
Step 2: Go to the court, not the Collectorate counter
The certificate of heirship is applied for in court, and the court application is not a printed form you collect from a counter. The Mumbai City Collectorate does publish a counter application, titled Nominee Certificate in English with the Marathi word varas above it, and that is a separate application to a different office. If the property is in Mumbai, the Mumbai page covers what the Collectorate counter takes. This page follows the court route.
Step 3: Match the names and dates exactly
Names and dates have to match the death certificate exactly. The working checklist is the list on the Mumbai City counter form: a photograph, an identity proof, an address proof, the death certificate and a relation proof. Every one of them has to name the same person the same way. If an identity document spells a name differently from the death certificate, resolve the difference before filing.
Step 4: Submit the application to the judge
The application is submitted to the court within whose jurisdiction the property lies, on an application to the Judge. This is a court proceeding and not a notified government service, so there is no disposal period, no designated officer and no Right to Service appeal.
Step 5: Affix the fixed court fee stamp
The court application carries a fixed court fee stamp under Schedule II Article 18 of the Maharashtra Court-fees Act, 1959: fifty rupees where the estate is worth more than five thousand rupees. The Rs 10 stamp box on the Mumbai City counter form belongs to that counter application, not to the court. Both stamps are small and separate from the fee on the grant itself, which is charged on the value of the property.
Step 6: The statutory proclamation window
Once the application is received, Section 2 of Bombay Regulation VIII of 1827 mandates that the court issues a proclamation inviting objections. The law states objections may be entered within 1 month from the date of the proclamation. This one month proclamation cannot be shortened. If a bank has asked for the certificate by next week, you will not be able to provide it, because the court cannot receive proof of the claim until the one month objection period is over.
Step 7: Notice for the hearing
If an objection is received during the one month window, the court fixes a hearing. Section 2 dictates that this hearing is fixed on at least eight days' notice. The applicant must appear and provide the evidence supporting their claim to the estate management.
Step 8: Overcoming objections and suspensions
One objection can turn the application into a suit. Under Section 4 Second of the Regulation, if from the evidence adduced it appears that the question at issue between the parties is of a complicated or difficult nature, the Judge may suspend proceedings in the application for a certificate until the question has been tried by a regular suit instituted by one of the parties.
Step 9: The grant of the certificate
When granted, the certificate confers the authority to assume the management of the property. However, the certificate does not end the argument over entitlement. Section 7 Second of the Regulation explicitly states that the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof. It does not finally determine anyone's rights and shall be annulled upon proof that another person has a preferable right. Furthermore, Section 7 Third notes the holder is accountable for acts done in that capacity as if no certificate had been granted. Section 8 adds that a refusal of the certificate is not final either.
The nine steps above are the court’s own sequence. WillJini works out which of the three documents the case needs and files the application.
A WillJini lawyer calls you back within 24 hours.
What is the Maharashtra Co-operative Housing Society Rule 106C?
For a flat in a co-operative housing society, the society works through its own routes first and asks for the certificate only where the heirs do not agree. Maharashtra inserted Chapter XI-B, containing rules 106C-1 to 106C-14, into the Maharashtra Co-operative Societies Rules 1961 by the Maharashtra Co-operative Societies (Amendment) Rules 2026. This was published in the Maharashtra Government Gazette, Extraordinary, Part IV-B, No. 366, dated 22 June 2026.
Rule 106C-6 tells the society how to transfer the shares and interest of a member who has died. The society first looks for a valid nomination accompanied by an indemnity bond on Form Y-4. Where there is no nomination, the rule calls for a notice published in at least two local daily newspapers and the admission of an heir following an inquiry, or a registered deed of family arrangement.
The society may call for a court document only where the heirs do not agree. Rule 106C-6(1)(e) states: "If the claimants do not come to an agreement, as to who should become the provisional member, the committee shall call upon them to produce a legal heirship certificate or succession certificate or a letter of administration from the competent court."
Families that immediately apply for a certificate to submit to the housing society may be spending time and funds on a document the rule did not actually require of them. The certificate is called for only where the claimants do not come to an agreement.
When is a Legal Heir Certificate Required in Maharashtra?
Which document you need depends on what is being transferred and on who is asking for it. Getting the mutation entry does not give you the certificate, and getting the certificate does not update the land record.
When updating the record of rights for land, the state uses a mutation entry. This is the varas nond, which records the names of the heirs in the revenue records. The mutation process does not require a court certificate if the matter is undisputed; it runs independently through the land records department on a fixed clock.
When dealing with liquid debts and securities, such as bank balances, fixed deposits, mutual funds, or corporate shares without a nomination, the required document is typically a succession certificate under Part X of the Indian Succession Act, 1925.
The Regulation notes that its purpose is to provide confidence to persons in possession of, or indebted to, the estate. It is required when an institution, municipal body, or debtor demands formal recognition of the person authorised to manage the deceased person's assets, but the asset in question is not strictly a debt or security that mandates the Indian Succession Act process, and the family cannot reach an agreement that satisfies the housing society rules.
Can You Apply for Legal Heir Certificate Online in Maharashtra?
Maharashtra has not notified this certificate as a Right to Service service, so it carries no notified fee and is not available on Aaple Sarkar in any district. The Revenue Department's notified services list carries no legal heir certificate, heirship certificate, varasa or varas praman patra.
Because the service is not notified, there is no set disposal period, no designated officer and no Right to Service appeal. The application remains an offline process directly with the court.
The Aaple Sarkar portal carries the record change for land, and only that. The Land Record Department lists the mutation entry service, specifically फेरफार नोंदी – अ) विवादग्रस्त नसल्यास (Mutation Entry – un-disputed). This notified service carries a strict time limit of 30 days. It lists the Deputy Superintendent of Land Records or the City Survey Officer as the Designated Officer. It provides a two tier appeal structure, starting with the District Superintendent of Land Records as the First Appellate Officer and elevating to the Deputy Director of Land Records as the Second Appellate Officer. The portal handles the mutation entry only, not the certificate of heirship.
The certificate is not on Aaple Sarkar, so there is no disposal period to rely on and no appeal to escalate to. WillJini files it in court and follows it through.
A WillJini lawyer calls you back within 24 hours.
What Are the Processing Time and Fees for a Legal Heir Certificate in Maharashtra?
Bombay Regulation VIII of 1827 requires a proclamation inviting objections within 1 month. If an objection is filed, the hearing requires at least eight days' notice. Beyond these statutory minimums, there is no published total disposal period because the service is not notified.
The fee is calculated on the value of the property, not as a flat charge at a counter. The Maharashtra Court-fees Act, 1959 (Text as on 9th May 2024), Schedule I Article 12, charges the fee leviable in the case of a probate (Article 10) on the amount or value of the property in respect of which the certificate is granted.
Article 10 is charged band by band, two per cent on the value up to fifty thousand rupees, four per cent on the part above fifty thousand up to two lakh, six per cent on the part above two lakh up to three lakh, and seven and a half per cent on the part above three lakh, subject to a maximum of 75,000 rupees.
The Rs 75,000 figure is printed against the seven and a half per cent band. Under Section 20(1)(iv) of the same Act, the certificate is exempted only where the property is worth one thousand rupees or less, and even then, the exemption does not apply as regards debts and securities. The application itself carries a separate fixed court fee stamp under Schedule II Article 18, which is fifty rupees where the estate is worth more than five thousand rupees. The small counter costs for affidavits and local document preparation are entirely separate from the court fee on the grant.
Legal Heir Certificate vs Succession Certificate in Maharashtra
These two documents serve different functions, govern different assets, and arise from entirely separate laws.
| Basis | Certificate of Heirship | Succession Certificate |
|---|---|---|
| Issuing law | Bombay Regulation VIII of 1827 | Part X of the Indian Succession Act, 1925 |
| Issuing authority | The court within whose jurisdiction the property lies, on an application to the Judge | The competent civil court with jurisdiction over the deceased person's residence |
| Primary asset focus | Estate management, representation, and housing society disputes | Collecting debts and securities |
| Legal effect | Confers management rights but no final right to the property | Indemnifies debtors paying the certificate holder |
A succession certificate is the document for collecting debts and securities, which is where bank deposits, mutual funds and shares sit when there is no nomination. The certificate of heirship indicates the person who, for the time being, is in the legal management of the property, without finally determining any rights.
What Documents Are Required for a Legal Heir Certificate in Maharashtra?
The Mumbai City Collectorate form sets out what the application carries: a photograph, an identity proof, an address proof, a death certificate and a relation proof. A discrepancy between any two of them is a point where an application stalls.
| Document | What it is |
|---|---|
| Application form | The local format. The Mumbai City Collectorate publishes its own, titled Nominee Certificate |
| Identity proof | Identity proof of the applicant |
| Address proof | Address proof of the applicant, and address proof of the deceased, which is what establishes which court the property falls under |
| Death certificate | The death certificate of the deceased. Every other document has to name the same person the same way it does |
| Relation proof | Proof of the relationship between the applicant and the deceased |
| Court fee stamp | The Schedule II Article 18 fixed stamp, affixed to the application |
The court fee is charged on the value of the property, so it is worth being certain which document you need before you apply. WillJini settles that first.
A WillJini lawyer calls you back within 24 hours.
Can Heirs Manage the Estate Without a Certificate?
Yes. Section 1 of Bombay Regulation VIII of 1827 states that an heir, executor, or legal administrator may assume the management, or sue for the recovery, of the property without applying for a certificate. The Regulation's stated purpose is to give confidence to the people who hold or owe money to the estate. It does not require the certificate before anyone can inherit. If the estate consists of assets that can be transferred via nomination, survivorship clauses, or family arrangements, the heirs may proceed without invoking the Regulation.
What Does Handing the Application Over Look Like?
WillJini runs a published four step process: you share your requirements, you submit the essential documents, WillJini files the application, and the certificate comes back to you.
WillJini reviews the estate and the heirs and tells the family which of the three documents the case needs: a certificate of heirship, a succession certificate or a mutation entry. It then checks the identity and address proofs and the relation proof against the death certificate, so that every name matches before anything is filed.
WillJini then prepares the application and the supporting declarations and files it in the court within whose jurisdiction the property lies. Settling which document the case needs comes before that filing, because the court fee is charged on the value of the property and is not refunded for applying for the wrong document.
FAQs
Who issues a legal heir certificate in Maharashtra?
The certificate of heirship is granted by the court within whose jurisdiction the property lies, on an application to the Judge. It is issued under Bombay Regulation VIII of 1827, not through a local Tahsildar or a municipal revenue counter.
Is the legal heir certificate service on Aaple Sarkar?
No. Maharashtra has not notified this certificate as a Right to Service service. Therefore, it is not listed on Aaple Sarkar, carries no notified disposal period, and offers no Right to Service appeal. The portal does feature the separate 30 day mutation entry for land records.
What is the fee for a legal heir certificate in Maharashtra?
The court fee is published in the Court-fees Act. Article 10 is charged band by band, two per cent on the value up to fifty thousand rupees, four per cent on the part above fifty thousand up to two lakh, six per cent on the part above two lakh up to three lakh, and seven and a half per cent on the part above three lakh, subject to a maximum of 75,000 rupees. The application itself requires a fifty rupee fixed stamp under Schedule II Article 18 where the estate exceeds five thousand rupees.
How many days does a legal heir certificate take in Maharashtra?
There is no published total disposal period because the service is unnotified. The statute mandates a strict proclamation period inviting objections within 1 month. If an objection arises, a hearing is set with at least eight days' notice. The final timeline depends on the court docket and whether the matter is suspended for a regular suit.
What does Rule 106C mean for housing society flats?
Published 22 June 2026, Rule 106C-6 states that for a co-operative housing society flat, the society must first rely on nominations, newspaper notices, or registered deeds of family arrangement. A certificate is demanded only if the claimants do not come to an agreement, as to who should become the provisional member.
Does the certificate settle property rights?
No. Section 7 Second of Bombay Regulation VIII of 1827 dictates that the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof. It shall be annulled upon proof that another person has a preferable right. Section 7 Third makes the holder accountable for acts done in that capacity as if no certificate had been granted.
What happens if someone objects to the certificate?
One formal objection can halt the process entirely. Under Section 4 Second of the Regulation, if the question at issue between the parties appears complicated or difficult, the Judge may suspend proceedings in the application until the dispute has been tried by a regular civil suit instituted by one of the parties.
Can the family manage the estate without applying?
Yes. Section 1 of the Regulation specifies that an heir, executor, or legal administrator may assume the management, or sue for the recovery, of the property without applying for a certificate. Families only need to apply if a specific institution, debtor, or authority demands the formal document to release the assets.
Every figure, office and timeline on this page traces to a government publication. Where the state publishes nothing, this page says so rather than borrowing a number from elsewhere.
- Bombay Regulation VIII of 1827, Administration of Estates Regulation (as modified up to 31 October 2012) gov.inThe instrument: the preamble’s purpose, s.1 management without a certificate, s.2 the proclamation and the one month with eight days’ notice on an objection, s.4 suspension until a regular suit, s.7 what the certificate does and does not do, s.8 a refusal not final.
- Maharashtra Court-fees Act 1959, text as on 9 May 2024 gov.inThe fee: Schedule I Article 12 charging the probate rate on the value of the property certified, the Article 10 bands with the maximum of 75,000 rupees on the top band, the Schedule II Article 18 application stamp of Rs 50 above Rs 5,000, and the s.20(1)(iv) exemption at Rs 1,000 or less.
- Aaple Sarkar, Right to Service notified services listThe negative: the Revenue Department’s notified services carry no legal heir certificate, heirship certificate or varas praman patra. The Land Record Department’s rows carry the mutation entry services, undisputed and disputed.
- Aaple Sarkar, फेरफार नोंदी (mutation entry, undisputed)The one notified clock: 30 days, designated officer the Deputy Superintendent of Land Records or the City Survey Officer, first appeal to the District Superintendent of Land Records, second appeal to the Deputy Director of Land Records.
- Mumbai City District, Forms gov.inThe counter form: the Nominee Certificate Application Form dated 27/01/2021, its Rs 10 court fee stamp box, and its mandatory list of photograph, identity proof, address proof, death certificate and relation proof.
- Mumbai Suburban District, legal heir certificate page gov.inThe redirect: the district’s legal-heir-certificate address resolves to a page about the eCourts portal. No district publishes a service page for the certificate itself.
- Maharashtra Government Gazette, Extraordinary, Part IV-B, No. 366, 22 June 2026 gov.inRule 106C in the state’s own gazette: Chapter XI-B, rules 106C-1 to 106C-14, inserted by notification No. Sanini 0321/C.R. 41/13C of 18 June 2026, including rule 106C-6(1)(e) on producing a legal heirship certificate where the claimants do not agree. Search Central Section, Part 4-B, Extra-Ordinary, second half of June 2026, and open the row Ext No. 366. The date range is a search filter, not a commencement date: the notification carries no commencement provision.
Jatin founded WillJini to make succession paperwork survivable for ordinary families, in a country where the office that issues a document, the fee it carries and the time it takes all change at the state line. He has been a member of the Institute of Company Secretaries of India since January 1995.
- B.G.L., University of Mumbai
- Company Secretary
- ICSI member since 1995
Every page in this guide series is reviewed against the issuing department’s own published material before it goes up. Where a state publishes nothing, this site says so rather than borrowing a figure from elsewhere.
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