Background:

On 20 December 2025, the Repealing and Amending Act, 2025 received the assent of the President of India. One of its most significant substantive outcomes for succession planning in case of Hindus, Buddhists, Sikhs, Jains and Parsis has been the omission of Section 213 of the Indian Succession Act, 1925.

This omission fundamentally alters the legal position relating to probate in India, particularly in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata. The consequence is a shift from a court-driven succession framework to one that is more facilitative, though not entirely free from legal and practical complexities.

In this article we have tried to cover how this amendment will impact the future of Wills and Probate in India and try to answer few of the questions surrounding to the same.

1. What is probate and what is its legal significance?

Probate is a formal judicial certification issued by a competent court confirming the validity of a deceased person’s Will and authorizing the executor to administer the estate. Under the Indian Succession Act, probate carried a conclusive evidentiary status, protecting executors and third parties.

Its primary significance lay in ensuring certainty, finality and judicial oversight in succession, particularly for valuable immovable property, thereby reducing the risk of disputes, fraud or competing claims.

2. Does registration of a Will replace the requirement of probate?

Registration of a Will, even after 20 December 2025, does not replace probate. While registration is optional and only enhances evidentiary value, it does not make a Will conclusive or immune from challenge. Probate, where obtained, continues to provide judicial confirmation after due notice, and parties relying solely on a registered Will must still prove its validity if disputed.

3. What was the legal position regarding probate prior to 20 December 2025?

Prior to 20 December 2025, Section 213 of the Indian Succession Act required probate or letters of administration to enforce rights under a Will, but only in specified cases. The requirement applied to Wills of Hindus, Buddhists, Sikhs, Jains and Parsis executed in, or relating to immovable property situated in, the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata. Muslims and Christians were excluded, resulting in an unequal and location-based procedural anomaly.

4. What legislative change has taken effect from 20 December 2025?

From 20 December 2025, Section 213 has been omitted by Repealing and Amending Act 2015, making probate no longer a mandatory requirement to enforce rights under a Will, even in Mumbai, Chennai and Kolkata. However, probate has not been abolished; it continues as a legal remedy under the Indian Succession Act. The change lies only in its compulsory nature, with probate now becoming optional and to be used where circumstances require.

5. How does the change to pending probate proceedings and to Wills of persons deceased prior to 20 December 2025?

The repeal does not automatically terminate probate proceedings that were pending as on 20 December 2025. Whether the executor and legatees of undisputed Wills can withdraw the pending probate applications is not clear from the amendment ordinance.

Where a person died prior to 20 December 2025 and no probate proceedings had been initiated or concluded, there is a strong legal basis to contend that beneficiaries may now rely on the Will without being compelled to obtain probate. This position may still be tested before courts, especially where third-party rights or competing claims arise

6. What are the advantages of omitting Section 213?

The omission of Section 213 brings substantial relief to a large section of the population. It reduces the time and cost involved in administering uncomplicated estates, eliminates a historically unequal geographic distinction, and eases the burden on probate courts in metropolitan cities.

From a succession-planning perspective, it enables faster transmission of assets, particularly immovable property, without forcing families into court proceedings where there is no dispute.

 

7. What ambiguities and practical concerns arise due to the repeal?

Indian law does not mandate registration, stamping or notarisation of Wills. In the absence of compulsory probate, concerns may arise regarding the authenticity of Wills, particularly in high-value estates.

There is also uncertainty as to how courts, registrars and third parties will evaluate testamentary claims in the absence of probate. This may result in increased reliance on affidavits, indemnities, legal opinions and, in some cases, declaratory suits to establish title.

8. What is the role of cooperative housing societies, banks and authorities after the repeal?

Historically, cooperative housing societies, municipal bodies and financial institutions insisted on probate or letters of administration before effecting transmission or mutation of property. After 20 December 2025, the statutory basis for such insistence has been removed.

These bodies will now need to realign their internal policies to accept alternative documentation, such as succession certificates, legal heir affidavits and indemnities.

9. How does the repeal affect mutation and revenue records?

Another important practical consequence of the repeal concerns mutation and recording of ownership in revenue, municipal and housing society records. After 20 December 2025, authorities can no longer require probate as a statutory condition for mutation or transmission of property based on a Will. However, mutation and municipal records serve only administrative and fiscal purposes and do not determine ownership or conclusively establish title. While mutation may proceed more smoothly in undisputed cases, such entries remain open to challenge before civil courts in the event of disputes.

10. What estate planning and drafting considerations arise in the post-repeal regime?

In the post-20 December 2025 regime, careful drafting of Wills becomes even more critical. Clear language, proper attestation, internal consistency and supporting documentation will be essential to ensure enforceability without probate. In complex or high-value estates, voluntary probate may still be advisable to secure finality and minimize future disputes.

11. What is the overall conclusion regarding the omission of Section 213?

The omission of Section 213 with effect from 20 December 2025 marks a decisive shift in Indian testamentary law. Probate is no longer compulsory, but it remains relevant. The reform simplifies succession for uncontested estates while preserving judicial remedies for disputed cases.

The true impact of this change will unfold through judicial interpretation and administrative practice. Until clarity fully emerges, prudent legal advice, robust documentation and informed estate planning will remain indispensable. Probate may no longer be mandatory, but in appropriate cases, it will continue to be a valuable legal safeguard.

TEAM CVOCA

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