
Mandatory probate on Will removed but it is still a smart move for inheritance
Subscribe to enjoy similar stories. NEW DELHI : Parliament in December cleared the Repealing and Amending Act, 2025, which has removed a long-standing procedural hurdle in inheritance by deleting Section 213 of the Indian Succession Act, 1925. The change means that beneficiaries in Mumbai, Chennai, and Kolkata no longer have to mandatorily get a probate and can now act on a valid Will.
This was earlier mandatory for Hindus, Sikhs, Jains, Buddhists and Parsis if the Will was executed in these cities or covered property located there. “This was a colonial-era rule that had outlived its purpose and created unequal treatment across cities," said Shweta Tungare, co-founder of LawTarazoo. “Two families with identical estates faced very different legal processes purely because of geography." Rishabh Shroff, partner and co-head of private client at Cyril Amarchand Mangaldas, added that probate delays of over a year were common in Mumbai.
“Why should a widow or child wait that long to access family assets, for no fault of theirs? This reform removes an outdated bottleneck." The amendment does not abolish probate altogether. What has changed is that it is no longer compulsory in Mumbai, Kolkata, and Chennai for certain communities and has become optional. Earlier, even families with no disputes were forced into a legal process that involved filing petitions, issuing public notices and waiting months for court orders, said Shraddha Nileshwar, head-Will and estate planning at 1 Finance.
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