LEGAL NEWS ALERT - INDIAN SUCCESSION LAW REFORM
Mandatory Probate Requirement Proposed to be Removed under Indian Succession Act, 1925
In a significant move toward rationalising and ensuring uniformity in succession laws, the Repealing and Amending Bill, 2025 (“the Bill”), was introduced in the Lok Sabha on 15 December 2025. The Bill was subsequently passed by the Lok Sabha on 16 December 2025 and by the Rajya Sabha on 17 December 2025.
Among its various reforms, the Bill amends the Indian Succession Act, 1925 by providing for the abolition of the mandatory probate requirement of Wills. The Bill is presently awaiting Presidential assent.
1) What will change?
The Bill proposes to:
• Omit Section 213 of the Indian Succession Act, 1925 in its entirety; and
• Make consequential amendments to Sections 3 and 370 of the Act.
2) Object behind the Amendment
• Section 213 earlier mandated that Hindus, Buddhists, Sikhs, Jains and Parsis obtain probate or letters of administration to establish rights as executor or legatee in respect of certain Wills, particularly those executed within, or relating to immovable property situated within, the original civil jurisdiction of the High Courts of Bombay, Calcutta and Madras. This requirement did not apply to Muslims and Indian Christians.
• Now, the omission of Section 213 effectively abolishes the compulsory probate regime across India for the above-mentioned communities as well.
3) Legislative Intent:
As clarified in the Notes to the second Schedule of the Bill, the amendment seeks to:
• Remove a colonial-era, discriminatory provision;
• Ensure uniform application of succession law across various communities; and
• Clause (b) of Section 370(2), described as being a relic of colonial rule, obsolete and redundant, is also proposed to be omitted.
4) Practical Impact:
• Wills can now be relied upon without mandatory probate, even for properties in Mumbai, Chennai, and Kolkata.
• Heirs and legatees may directly assert rights based on a valid registered will, subject to proof, without first approaching testamentary courts.
5) Applicability
• The Bill includes a savings clause stating that the repeal shall not affect any other enactment in which the repealed enactment has been applied, incorporated, or referred to, thereby giving the amendment prospective applicability.
6) Caveat
• While probate is no longer compulsory, parties may still voluntarily seek probate in cases involving disputes, challenges to validity of the will, or where third-party certainty (banks, developers, purchasers) is required.
7) Why this matters:
• This reform marks a decisive move away from colonial-era distinctions in personal law and aligns succession practice with principles of equality, efficiency, and access to justice.
