Maharashtra - Get copy of a Will

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Procedure

Apply In-Person:

1. Any individual can obtain a copy of the will out of interest or curiosity from the court, provided that the court "probate the will" to categorize it as a public record.
2. Contact link AND link1 in the given page, please click on the respective state/UT as appropriate to reach a new page. Here, please select the respective district name from the dropdown list under “Please Select Your District” for the concerned page. Here, select the “Contact Us” menu for contact details.
3. The applicant shall visit the respective record clerk /concerned authority at the respective court’s Judicial records and registers section. The record clerk will provide the process information and timing at which the copy applications will be accepted from the applicants.
4. The applicant shall obtain the “Copy Application (CA)” form from the authority or type it on a plain Green paper (legal paper) as advised.
5. The application need to be typed. Please type the application form with the mandatory details including probate court file number, testator’s name and testator’s date of death. Please affix a court stamp for Rs.20 or the advised amount.
6. If the copy of the will is required for any urgent requirement. Please mention emergency/urgent on the application and affix additional court stamp (Rs.2) for the advised amount.
7. Please attach all the documents as per the “Required Documents” section of this page and make a copy of the application set and keep it safe.
8. The applicant shall go to the respective chamber where the magistrate or the copy superintend accepts copy application. The applicant themselves need to find it from the authority/clerk at the chamber about the precise timing for application submission for the day.
9. The applicant shall submit the application along with the required documents to the magistrate or the copy Superintendent.
10. The submitted application will be signed by the magistrate or the copy Superintendent after finding the requested details are available for copying.
11. If the requested details are not for dispersal, then the magistrate or the copy superintend will write down the reason on the back of the application itself. The same will be returned to the applicant, or it can be obtained from the record clerk.
12. The accepted application will be handed over to the magistrate clerk to record it. The magistrate clerk, after recording the details, will forward this application to the record clerk for further processing.
13. The record clerk will record this application in the respective registry. The applicants may request the record clerk for getting the record number. If the record clerk provides the record number, then please save it for future reference.
14. The applicant shall visit the record room in the respective court and get an update about the process. The designated authority will provide fee details and the probable date to visit.
15. On the advised date, the applicant shall visit the authority at the record room and affix a court stamp for the advised amount against copying charges on the memo provided by the record room authority.
16. Once the required charges are paid, the authority will make a copy of the will and submit it before the magistrate / the concerned authority for his/her seal and sign.
17. Once the signing is done, the concerned record room authority will also sign the copy of the will and hand-deliver it to the applicant as per the notified period.
18. The entire process can be complete and the copy can be obtained within seven working days or as per the timeline provided by the authorities.

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Required Documents

• Copy application
• Address proof of the applicants (PAN Card /Driving Licence / Bank Passbook / Electricity Bill / Telephone Bill)
• Identity proof of the applicant (Voter ID / Passport / Aadhaar card / Driving licence)
• Death certificate of the testator if available
• Court stamp for the advised amount
• Copy of birth certificate or any other document as age proof
• Aadhaar card

NOTE: Apart from the above documents, the authorities may ask for additional information or documents. Please provide them for processing.

Office Locations & Contacts

Bombay High Court,
Fort, Mumbai -32.
Email: [email protected]
Contact link

Eligibility

• The applicant must be at least 18 years old.
• The will should be a registered one and the will must be probated and available for the public.
• The applicant should provide a valid probate court file number.
• The applicant must provide the testator’s name and the testator’s date of death.

Fees

• The advised court fee and charges for processing the application need to be paid as appropriate.
• The applicant should affix a court stamp as per the advised amount as appropriate.

Validity

• There is no period based validity for the copy of the will.
• The copy of the will is a valid document for the applicant’s requirement for which it was obtained.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The entire process can be complete and the copy can be obtained within seven working days or as per the timeline provided by the authorities.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external 
websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• The application should be typed.
• The applicant must sign or make thumb impression on the copy application at the appropriate place.
• Please affix court stamp for the advised amount.
• Please make sure to avoid spelling mistakes in the application.
• Do not submit fake documents as a proof to apply.

Required Information

• Name of the applicant
• Complete address of the applicant
• Applicant father’s name
• Name of the testator or testatrix
• Testator or Testatrix date of death
• Valid probate court file number
• Age and sex of the applicant
• Aadhaar card number of the applicant
• Mobile number

Need for the Document

• The “copy of a will” is useful for an individual to know who is the executor of the will and the details of the will.
• The “copy of the Will” ensures the list of beneficiary as per the will.

Information which might help

• Registration of the will is required to get a legal copy of the will.
• If the original will is destroyed or damaged, you can get a copy from the registrar office.
• What may be bequeathed (included in a will).
  • Property over one has complete ownership.
  • Dwelling place.
  • Land.
  • Money.
  • Jewellery.
  • Paintings and artefacts of value.
  • Royalty.
  • Earnings from fixed deposits.
  • Land obtained through a lease deed if the deed has not expired.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

More information which might help people.