What the old rule said
Section 213 of the Indian Succession Act, 1925 said that no right as an executor or legatee under a Will could be established in court unless probate had been granted. Read with Section 57, it applied to Wills made by Hindus, Sikhs, Jains and Buddhists within the old presidency towns of Bombay, Calcutta and Madras, or dealing with immovable property there.
In practice, it meant a family in Mumbai, Kolkata or Chennai holding a perfectly valid Will still had to go to the High Court for probate before a society, a bank or the municipal office would act on it. That took months and sometimes years.
What changed in December 2025
The Repealing and Amending Act, 2025 omitted Section 213 from the Indian Succession Act. The change took effect in December 2025. Probate is now optional in Mumbai, Kolkata and Chennai, just as it already was in the rest of India.
Your family can now act on the Will directly. Probate still exists, and it can still be useful, for example when a challenge is likely, because a probate order is conclusive proof that the Will is genuine.
What is still unsettled
Lawyers are still arguing about cases that were already pending in court when the section was removed. The Act has a general clause protecting rights already accrued, and courts have yet to settle how it applies. If your family is in the middle of a probate case, take advice before withdrawing it.
Some housing societies, banks and offices may continue asking for probate out of habit. Expect that, and be ready to show them the Will itself.
What this means for your Will
Without probate as a filter, the Will itself carries more weight. Make it hard to question:
- Register it. Registration means a public officer checked your identity when the Will was recorded.
- Use independent witnesses. Two adults who inherit nothing under the Will.
- Name an executor who can deal with the society, the bank and the municipal office.
- Describe property precisely. Society name, flat number and share certificate; survey numbers for land.
- Consider a doctor's certificate if you are elderly or unwell when you sign.
We draft and register Wills in Mumbai and Kolkata. In Tamil Nadu we draft and arrange notarisation; our registration package does not cover the state.
Frequently asked questions
Is probate compulsory in Mumbai now?
No. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act in December 2025, so probate is optional in Mumbai, Kolkata and Chennai.
Can I still apply for probate?
Yes. Probate is still available and is conclusive proof that a Will is genuine. It is simply no longer a legal precondition.
What about cases already in court?
That is unsettled. If a probate case was pending when the section was removed, take legal advice before changing course.
General information, not legal advice.
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