Probate No Longer Mandatory in India: Succession Law Explained
In a significant move towards simplifying inheritance and estate administration in India, the Government has removed the mandatory probate requirement under the Indian Succession Act, 1925. This change, introduced through the Repealing and Amending Bill, 2025, marks an important reform in succession laws and will materially impact how wills are executed and enforced—especially in metro cities like Mumbai, Chennai, and Kolkata.
Once notified in the Official Gazette, this amendment will eliminate a long-standing procedural requirement that often-delayed asset transfers and increased legal costs for heirs.
What Is Probate Under the Indian Succession Act?
Probate is a court certification of a will, confirming that it is legally valid and that the executor named in the will has the authority to administer the estate.
Earlier, Section 213 of the Indian Succession Act mandated probate in specific jurisdictions (erstwhile Presidency towns) for wills made by Hindus, Buddhists, Sikhs, Jains and Parsis.
The specified jurisdictions were Mumbai, Chennai and Kolkata. If the Will is executed within these jurisdictions, or Will is made outside these jurisdictions but relate to immovable property situated within the aforesaid jurisdiction, the probate was mandatory to legally establish rights over the assets.
Recent Changes:
The Repealing and Amending Bill, 2025 removes this provision of the Indian Succession Act, thereby abolishing the mandatory probate requirement. Probate is no longer compulsory to enforce a will, even in Mumbai, Chennai, and Kolkata. Also the religion-based distinctions in probate applicability are effectively removed.
This change is important because it means faster and simpler estate transfers. Probate often took months or even years. Removing this requirement reduces procedural delays, legal expenses and administrative friction for heirs
This is especially relevant for families dealing with financial assets, real estate, and succession planning.
Not required, but may be useful in certain situations
While probate is no longer mandatory, it can still be strategically useful where the estate is large or complex, if any family disutes are anticipated or if there are cross-border beneficiaries.
A probated will continues to enjoy strong evidentiary value, making it harder to challenge later.
Bachhat’s Take
The removal of the mandatory probate requirement under the Indian Succession Act is a progressive and practical reform. It simplifies inheritance procedures, reduces legal complexity, and makes estate planning more efficient for Indian families.
However, with fewer procedural safeguards, the quality of estate planning becomes even more critical. A clear will, proper documentation, and thoughtful structuring remain the foundation of smooth wealth transfer. Do reach out to us in case you need help need help in planning your inheritance.
By: Vishal Shah, SEBI Registered Investment Advisor and founder of Bachhat
December 24, 2025
Disclaimer: This is not a financial advice and the readers should reach out to registered investment advisors for any financial advice. Registration granted by SEBI, membership of BASL and certification from National Institute of Securities Markets (NISM) in no way guarantee performance of the intermediary or provide any assurance of returns to investors. Investment in securities market are subject to market risks. Read all the related documents carefully before investing.
