Transmission of Flats: Post-Probate Scenario

The Repealing and Amending Act, 2025, removed mandatory probate requirements for property transmission in Mumbai with effect from January 2026. In the case of Co-operative Housing Societies, the Maharashtra Co-operative Societies Act, 1960 (“MCS Act”) mandates the immediate admission of nominees as provisional members until legal heirs are identified through a Will, succession certificates, or other appropriate legal process Conversely, condominiums governed by the Maharashtra Apartment Ownership Act, 1970 (“MAOA”) treat apartments as heritable immovable property and do not provide for a comparable statutory nomination mechanism. While probate is no longer legally compulsory for most communities, it nevertheless continues to remain a valuable mechanism for authenticating Wills and resolving disputes during the transmission process. INTRODUCTION The Repealing and Amending Act, 2025 effected a significant modification to the framework of testamentary succession in India. By omitting Section 213 of the Indian Succession Act, 1925, Parliament dismantled a colonial-era procedural requirement which, for nearly a century, had distinguished testamentary succession in the three erstwhile Presidency Towns of Bombay, Calcutta and Madras (now Mumbai, Kolkata and Chennai) from the rest of the country. This Feature in the February 2026 issue of the BCAJ examined this amendment. Probate is now no longer