The Repealing and Amending Act, 2025 (hereinafter referred as “Act”) removed Section 213 of the Indian Succession Act, 1925, providing relief to individuals executing wills in Mumbai, Chennai, or Kolkata. The relief arises because probate is no longer mandatory even in these cities. Previously, under Section 213, probate or letters of administration were required if a will was made by a Hindu, Jain, Sikh, Buddhist, or Parsi and was executed in, or related to, property located in these cities.
What Has Changed Now?
The Act also amends related provisions, including Section 370, to remove indirect references to mandatory probate.
After the change:
- Probate is no longer compulsory anywhere in India.
- Executors can act on the will directly under Sections 211 and 212 of the Act.
- Property vests in the executor immediately after the testator’s death.
- Succession certificates are easier to obtain without linking them to probate.
The Act only removes mandatory probate, court still has the power to grant probate if there is dispute, objection or requirement.
What About Existing Cases?
The Act contains a savings clause. This means:
- Probate cases already filed will continue normally.
- Rights that have already vested are protected.
- The repeal does not disturb completed or ongoing proceedings.
How This Helps Families
For families with multiple heirs, this reform makes estate administration much simpler. In uncontested wills, executors can now approach:
- revenue authorities for property mutation,
- banks for release of accounts or fixed deposits,
- housing societies and other institutions,
using the will, death certificate, affidavits, and indemnities without first obtaining probate.
What earlier took years can now often be completed in a much shorter time and at a lower cost.
Risks to Keep in Mind
While the change is beneficial, probate previously gave a court’s confirmation of the will’s validity. Without probate:
- the will may be challenged later on grounds such as fraud or undue influence,
- some banks or authorities may still insist on probate out of caution,
- buyers of property may ask for stronger title proof.
In such cases, executors may still need to seek probate or court order.
Benefits of Probate
Even though probate is no longer mandatory, it can still be useful where:
- the estate is of high value,
- family relations are strained,
- the will may be questioned,
- property is likely to be sold to third parties.
Because probate order provides strong legal certainty.
Conclusion
The removal of mandatory probate under the Act makes execution of Wills easier across India, helping families save time and costs. Still, careful will drafting, proper documentation, and proactive planning are essential to avoid disputes or obstacles with banks and authorities. In more complex cases, opting for voluntary probate provides additional legal certainty.
How India Law Offices Can Assist
We have a team of experienced lawyers who regularly handle matters relating to wills, inheritance, estate administration and other Inheritance matters. After the change in succession law the families may need guidance on how to proceed correctly without mandatory probate.
Our lawyers can help review existing wills to ensure they can be acted upon smoothly under the new law. We assist executors in understanding what documents are required for property mutation, bank transfers, and other asset-related formalities. Where authorities still ask for probate or raise objections, we advise on appropriate legal steps.
In cases involving multiple heirs, minors, NRIs, or high-value assets, we help assess whether voluntary probate or other legal protection is advisable. We also assist with court proceedings where disputes arise or clarification from the court becomes necessary.
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