Shift in Inheritance Law: Removal of Mandatory Probate under the Indian Succession Act

On 20 December 2025, the Repealing and Amending Act, 2025 received Presidential assent and came into force. The objective of this legislative reform is to create uniformity and eliminate the partial and jurisdiction specific application of the existing provisions governing testamentary succession. This reform omits Section 213 of the Indian Succession Act and eliminates the requirement of mandatory probate for certain categories of wills.

Meaning of Probate?

Probate is a certification granted by the court that establishes the authenticity of a will and legally authorizes the executor to administer the estate of the deceased.

Position under the erstwhile law

Prior to the amendment, Section 213 of the Succession Act, 1925, provided that no right as executor or legatee can be established in any Court of Justice unless a court of competent jurisdiction has granted probate of the will under which the right is claimed or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.

This section shall not apply in the case of wills made by Muslims or Christians and shall only apply-

1. In the case of wills made by any Hindu, Buddhist, Sikh, or Jain and
2. In the case of wills made by any Parsi dying after the commencement of the Indian Succession (Amendment) Act, 1962, where such wills are made within the local limits of the ordinary-original civil jurisdiction of the High Courts at Calcutta, Madras, and Bombay, and where such wills are made outside those limits, insofar as they relate to immovable property situated within those limits.

Current Position

With the omission of Section 213, obtaining probate is no longer mandatory for establishing a right as an executor or legatee under a will. This change simplifies the process of succession and eliminates procedural barriers that previously applied based on geographical considerations.

Source:The official notification can be accessed at the below link

https://www.pib.gov.in/FactsheetDetails.aspx?id=150601&NoteId=150601&ModuleId=16&reg=3&lang=1