India's Parliament has passed the Repealing and Amending Bill, 2025, ending mandatory probate for wills made by Hindus and others in Mumbai, Chennai, and Kolkata, removing a colonial-era legal anomaly. The bill repeals 71 obsolete laws, modernizes inheritance rules, and promotes uniformity by eliminating religious discrimination in succession laws, enhancing ease of living.
The Repealing and Amending Act, 2025, which was passed by the Lok Sabha on December 16, 2025, and by the Rajya Sabha on December 17, 2025, marks a historic shift in Indian succession law.
Its primary impact on the Indian Succession Act, 1925, is the omission of Section 213, effectively ending the century-old "mandatory probate" rule.
1. The Change: Omission of Section 213
Under the new 2025 Act, Section 213 has been omitted to remove what the government termed "discriminatory and colonial-era" requirements.
Before the 2025 Amendment: Probate was mandatory for Hindus, Buddhists, Jains, Sikhs, and Parsis if the Will was made in (or the property was situated in) the former Presidency towns of Kolkata, Mumbai, and Chennai.
After the 2025 Amendment: Obtaining probate is no longer a mandatory legal precondition to establish a right as an executor or legatee anywhere in India, regardless of religion or geography.
2. Why was this change made?
The Union Law Minister, Arjun Ram Meghwal, highlighted several key reasons for this move:
Ending Discrimination: The old law created an unequal burden. While Christians and Muslims were largely exempt, Hindus and other communities in specific cities were forced into lengthy and expensive court processes.
Ease of Living: By removing the mandate, the government aims to reduce the "judicial footprint" on private inheritance, making the transfer of family assets faster and cheaper.
Decolonization: Section 213 was seen as a remnant of the British administrative system that prioritized court-supervised succession in major commercial hubs (Presidency towns).
Is Probate Now "Useless"?
No. While no longer mandatory, probate remains a voluntary option. You might still choose to obtain it if:
The Will is likely to be contested by other relatives.
A bank or specific government department insists on "conclusive proof" of the Will’s validity for very high-value assets.
The property is located in a jurisdiction where local land authorities still require a court order to update records (though this should gradually change as the 2025 Act is implemented).
Note on Existing Cases: The Act generally includes a "saving clause," meaning probate proceedings already pending in courts as of December 2025 will likely continue under the old rules unless the petitioner chooses to withdraw them.
