In a significant move to shed archaic legal baggage, India's Parliament has repealed a colonial-era mandate that forced a large section of the population to seek judicial validation for their wills. This change, enacted during the recent Winter Session, is set to simplify the process of inheritance, particularly for real estate assets.
What Was the Old Law?
The reform was part of the Repealing and Amending Bill of 2025, which did away with 71 obsolete Acts in one stroke. Among the laws amended was the Indian Succession Act of 1925. A specific provision in this nearly century-old law required Hindus, Buddhists, Sikhs, Jains, and Parsis residing under the original civil jurisdictions of the Bombay, Calcutta, and Madras High Courts to obtain probate (court certification) for their wills.
This requirement also extended to followers of these faiths who had registered wills elsewhere but owned immovable property within these three high court jurisdictions. For decades, this rule made the transfer of inherited property a cumbersome and expensive legal affair for many families.
Why This Repeal is a Welcome Change
The mandatory probate process was often criticized for being slow, costly, and an unnecessary bureaucratic hurdle. Its scrapping is widely seen as a progressive step that aligns with modern needs. The editorial perspective argues that the need for will validation should be determined by market demand and individual choice, not by a blanket legal mandate.
In practice, even in regions where probate was not legally compulsory, lawyers often advised clients to get it for wills involving real estate. The reason was to ensure smoother future transactions, as prospective buyers or financial institutions could be wary of property titles based on wills that hadn't received formal court approval and could be contested later.
Implications for Property and Inheritance
The key takeaway is empowerment and simplification. While the probate option remains available for those who seek the extra legal security, it is no longer a forced procedure for a significant demographic. This grants individuals greater autonomy over their estate planning.
For the real estate market, the move could potentially reduce transaction friction for inherited properties. However, experts note that the market's own demand for clear titles will continue to influence whether people voluntarily opt for probate or other validation mechanisms. The reform underscores that not everyone needs formal court approval for a will to be effective, reducing an undue burden on families during sensitive times.
The repeal, passed on 23 December 2025, is a concrete example of the government weeding out outdated British Raj-era laws, aiming for a more efficient and user-friendly legal system for contemporary India.
