Clipped from: https://www.thehindubusinessline.com/news/probate-requirements-for-all-removed-under-indian-succession-act/article70470206.ece
The legislation, as passed by the Parliament during just-concluded winter session, aims to amend Indian Succession Act, 1925, besides making changes in other laws and repealing 71 laws
Probate will no longer be a precondition for enforcing rights under a Will for people belonging to any religion, location of the property or place of execution. This will be possible as the President Droupadi Murmu has assented to a bill which prescribes deletion of a section of colonial-era act. However, experts are still having some word of caution.
The legislation, as passed by the Parliament during just-concluded winter session, aims to amend Indian Succession Act, 1925, besides making changes in other laws and repealing 71 laws. The amendments in the Succession Act seek to attain uniformity by omission of section 213 which is discriminatory. The section states that only Hindus, Buddhists, Sikhs, Jains and Parsis (Muhammadans or Indian Christians especially excluded) have to obtain probate of the Will or letter of administration, where the Will is 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.
There was a feeling in the government that the said section was discriminatory and also a symbol of slavery, said a government official, citing the need for removal. The amendment will be prospective. Still, legal experts list many benefits.
“This will make succession cost-effective by eliminating unnecessary legal costs and court fees, timely by permitting immediate succession in undisputed cases, and efficient by allowing courts to focus on genuinely contested matters,” said Pranay Chitale, Partner at Chitale Verma & Associates.
Explaining it further, Varuni Mohan, Partner at CMS INDUSLAW, said that heirs and beneficiaries can now act on a Will—such as transferring property, selling inherited assets, or approaching banks—without first seeking court approval.
For families and beneficiaries, this change significantly simplifies inheritance. For buyers and sellers, property sales that were earlier delayed or abandoned due to pending probate can now move forward more smoothly, improving transaction certainty and market confidence. “For banks and financial institutions, the amendment enables faster settlement of claims under Wills, subject to internal verification processes,” said Mohan.
However, legal experts also see some challenges still exist. “The risks associated with testamentary transfer remain significant,” said Soniya Putta, Partner at Solomon & Co. Without a probate, the authenticity of a Will is not established in the Court which leaves it vulnerable to future challenges which may be after the assets have already been distributed. Questions regarding the authenticity of Wills, testamentary capacity, execution and attestation of the Will—which were traditionally resolved and obtained finality before the testamentary court—may now linger and be raised in collateral proceedings.
This may delay the beneficiaries’ enjoyment of the property. “Despite the removal of the mandatory requirement of probate, voluntarily obtaining probate will remain highly recommended and a strategic tool for defence against potential future disputes,” Putta advised.
Adding to this, Shantanu Malik, Partner at Hammurabi and Solomon Partners, said that as the probate process currently provides judicial authentication of Wills, in its absence, it remains to be seen what additional verification mechanisms authorities, cooperative societies, financial institutions, and other stakeholders will adopt to establish a chain of title and protect bona fide transactions. “It further raises the question of whether individuals will continue to voluntarily seek the grant of probate to safeguard and conclusively establish their rights and interests under a Will,” he said.
Published on January 4, 2026
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