Probate of Will Not Required Now!
The Repealing and Amending Act, 2025 has introduced a major shift in India’s succession law by deleting Section 213 of the Indian Succession Act, 1925. This means probate of wills is no longer compulsory anywhere in India, including Mumbai, Chennai and Kolkata, where probate was mandatory for decades due to colonial-era legal structures.
With this amendment, the process becomes simpler and faster, but it also raises important questions such as: Is probate still needed in practice? Will banks insist on it? What safeguards should families follow now ?
To help readers understand the reform clearly, this blog answers the most searched questions in an FAQ format.
Is probate mandatory in India after 2025?
No. Probate is no longer mandatory anywhere in India after the deletion of Section 213 of the Indian Succession Act, 1925. Executors and beneficiaries can now rely on a will without first obtaining probate, even in Mumbai, Chennai and Kolkata. Probate remains available as an optional safeguard in disputed or high-value cases.
What is probate of a will?
Probate is a court certification that confirms a will is genuine, valid and correctly executed. It authorises the executor to distribute the deceased person’s assets according to the will. Courts typically examine execution formalities (signature and witnesses), soundness of mind, and authenticity. Even after the reform, probate remains a strong legal document for dispute-proof transfers.
Which law removed compulsory probate in India?
Compulsory probate was removed by the Repealing and Amending Act, 2025, which deleted Section 213 of the Indian Succession Act, 1925. The change aims to remove obsolete and discriminatory provisions and bring uniformity in testamentary succession. Probate is not abolished, but it is no longer compulsory as a legal threshold.
Why was probate compulsory only in Mumbai, Chennai and Kolkata?
Probate was compulsory in these three cities because of colonial “Presidency Town” rules. The British legal system applied English-style court-controlled inheritance in Mumbai, Chennai and Kolkata, where High Courts held original civil jurisdiction. This created a geography-based inheritance burden. The 2025 reform removes this historic distinction and equalises succession procedure across India.
Who was affected by Section 213 earlier?
Does the deletion of Section 213 abolish probate completely?
No. Probate is not abolished. The amendment only removes the compulsory requirement. Probate remains a legal mechanism to formally validate a will through court scrutiny. Many families still prefer probate for high-value estates or when disputes are expected. It also provides strong legal certainty to institutions dealing with asset transfers.
Can a will be executed without probate now?
Yes. A will can now be executed without mandatory probate across India. Executors and beneficiaries can act on the will without approaching the court first. This change is expected to reduce time, cost and procedural burden for ordinary families. However, if the will is disputed, probate can still be filed voluntarily to prove authenticity.
Will banks and housing societies still demand probate?
In many cases, yes. Even though probate is no longer legally compulsory, banks, registrars, housing societies and other institutions may still insist on probate due to risk concerns. A probated will protects institutions from future claims by rival heirs. So while probate is optional under law, it may still be required in practice depending on asset type and institution policy.
What are the benefits of removing mandatory probate?
Main benefits include:
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Faster inheritance execution, especially for uncontested wills
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Reduced court workload
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Lower costs (court fees and legal expenses)
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Simplified transfer process
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Uniform inheritance system across India including Mumbai, Chennai and Kolkata
Overall, the reform makes succession planning more accessible and removes outdated procedural barriers.
Does this change increase risk of forged wills or fraud?
It may. Mandatory probate earlier worked like a pre-emptive filter because courts verified authenticity before transfers. Without compulsory probate, forged wills or manipulation may become easier in some cases. This is why experts now strongly recommend safeguards such as proper drafting, clean witnessing, registration (optional), medical fitness evidence for elderly testators, and nomination alignment.
When should a family still take probate voluntarily?
Even after the reform, voluntary probate is recommended when:
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property value is high
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multiple heirs exist
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second marriage or blended family structure exists
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there is risk of dispute
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assets include business holdings
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there is fear of forgery or challenge
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banks/societies demand probate for transfer
Probate offers legal certainty and closes many objections at the initial stage.
What safeguards should follow now ?
With probate now optional, well-drafted wills and safeguards become more important. Best practices include:
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clear listing of assets
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identifying beneficiaries properly
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appointing an executor and alternate executor
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proper witnessing (preferably independent witnesses)
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optional registration
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storing the will safely
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aligning nominations with the will
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keeping medical evidence where necessary
These steps reduce disputes and protect the testator’s true intention.
In nutshell the deletion of Section 213 is a landmark reform in Indian inheritance law. It ensures probate is no longer compulsory, removes discriminatory and colonial-era rules, and makes inheritance execution easier for families. However, probate continues to remain valuable as a safeguard, and institutions may still require it in practice. The smartest way forward is a strong will and proper succession planning.
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