In a landmark legal reform, the mandatory requirement to obtain probate for a will has been abolished across India. This significant change, effected by recent legislation, promises to streamline the inheritance process for countless families, particularly in the cities where it was a long-standing obligation.
What Changed and Why?
The Repealing and Amending Act, 2025, which received the President's assent on December 20, 2025, has repealed a crucial section of the century-old Indian Succession Act of 1925. Specifically, it omits Section 213, a provision that forced many families to approach a court for probate—a formal court certification of a will's authenticity—before they could act on the document.
This requirement was notably mandatory for decades in the former presidency towns of Mumbai, Chennai, and Kolkata. Introducing the Bill in the Lok Sabha, Union Minister of Law and Justice Arjun Ram Meghwal stated that the removal corrects a provision that was geographically limited, community-specific, and out of sync with modern succession practices.
The End of a Discriminatory Framework
Previously, the enforceability of a will depended heavily on the religion of the person who made it and the location of the property. Section 213, read with Section 57, made probate compulsory primarily for wills made by Hindus, Buddhists, Sikhs, and Jains concerning assets in the jurisdictions of the Bombay, Madras, and Calcutta High Courts. Muslims and Christians were excluded, and Parsis were included later only for wills in presidency towns.
This created an uneven legal landscape where two families with identical assets could face completely different procedural hurdles based solely on religion or city. The government described the old provision as "discriminatory" and sought to "attain uniformity" in succession law by deleting it.
What Does This Mean for Families Now?
The immediate consequence is straightforward: executors and beneficiaries can now rely on a valid will without first obtaining a probate order from a court, even in Mumbai, Chennai, and Kolkata. In uncontested cases, this is expected to significantly reduce the time, cost, and procedural burden associated with settling an estate.
However, the reform makes probate optional, not irrelevant. Crucially, financial institutions, housing societies, and property registrars may still insist on a probated will before transferring assets or funds. For these entities, a court-certified will acts as a shield against future legal claims from potential rival heirs. Therefore, while the statutory mandate is gone, practical hurdles may persist as these risk-averse organizations seek to protect themselves.
The change marks a substantial shift, aligning the process for those with a will closer to the simpler inheritance rules that already applied to those dying without one under laws like the Hindu Succession Act. It removes a pre-emptive judicial filter and places greater initial responsibility on executors and institutions, potentially easing succession for many while introducing new practical considerations.
