The 2025 amendment of the Indian Succession Act, 1925 omitted the Section 213 of the Act.
With the omission of the Section, and related amendments, beneficiaries and executors are no longer required to obtain probate of a valid will in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata, where probate had historically been mandatory.
This colonial-era procedural requirement creates a more uniform framework for probate of wills across India.
Key Features of the Amendment
- Uniform application throughout India: The amendment removes geographical and religion-based distinctions that previously governed the enforcement of wills.
- Direct enforcement of wills: Beneficiaries may now rely directly upon a duly executed will to transfer immovable property and claim assets from banks, financial institutions, housing societies and other authorities, without first obtaining probate.
- Probate becomes optional: Probate remains available where parties desire judicial confirmation of a will, particularly in complex estates or where disputes are anticipated.
Previous Position under Section 213
Before its omission, Section 213 provided that probate or letters of administration had to be mandatorily obtained for wills executed by Hindus, Buddhists, Sikhs, Jains and Parsis within the original civil jurisdiction of the High Courts at Mumbai, Chennai and Kolkata, or for wills executed elsewhere relating to immovable property situated within those jurisdictions, as specified in Section 57 (a) and (b) of the Act.
The provision did not apply to wills made by Muslims or Indian Christians, resulting in a religion based discrimination.
Probate Not Mandatory with the Omission of Section 213
With the omission of Section 213, probate is no longer a statutory precondition for enforcing rights under a will within those three jurisdictions. A duly executed will may therefore be acted upon without prior judicial certification, unless the parties voluntarily seek probate.
Probate Has Not Been Abolished by Omitting Section 213
The right to file a probate petition under Section 276 of the Indian Succession Act remains available. The 2025 amendment does not abolish probate, and courts continue to possess full jurisdiction to grant probate upon application. The amendment merely changes probate from a mandatory statutory requirement into an optional legal remedy in these three jurisdictions as well.
Voluntary probate is still advisable where an estate involves substantial immovable property, multiple beneficiaries, cross-border assets, blended families, doubtful execution of the will, or anticipated disputes among legal heirs.
A probate decree continues to provide judicial certainty regarding the validity of the will and may substantially reduce the scope for future litigation.
Importance of Making a Will
Where a person dies intestate, succession continues to be governed by the applicable personal law. In such cases:
- multiple legal heirs may be required to execute transfer documents;
- title verification becomes more cumbersome;
- purchasers and financial institutions may insist upon additional documentation; and
- disputes regarding succession are more likely to result in litigation.
A properly drafted will remains the simplest and most effective method of ensuring a smooth transfer of assets.
Prospective Operation of the 2025 Amendment
The amendment operates prospectively. Existing rights accrued before its commencement, and pending probate proceedings, remain protected under the applicable savings provisions and will continue to be governed by the law as it stood prior to the amendment.
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