No. You no longer need probate as a statutory pre-condition to claim under a will. The Repealing and Amending Act, 2025 (Presidential assent 20 December 2025) omitted Section 213 of the Indian Succession Act, 1925 in its entirety, so an executor or legatee can now establish rights under a will without first obtaining probate. The will must still be proved in the normal way if anyone disputes it.
If you are short on time, jump to “What this means for your inheritance steps” below for the action list.
Until 20 December 2025, Section 213 blocked an executor or legatee from establishing any right in court unless probate (court certification of the will) had been granted. This applied only to wills made by Hindus, Buddhists, Sikhs, Jains and Parsis, and only in specific places. It never applied to wills of Muslims or Indian Christians.
That created a difference based on religion and location. The 2025 repeal removes it. Probate is no longer compulsory for anyone, anywhere, as a gateway to acting on a will.
| Point | Before 20 December 2025 | After 20 December 2025 |
|---|---|---|
| Was probate mandatory to claim under a will? | Yes, for the wills Section 213 covered | No, probate is not a statutory pre-condition |
| Who was affected | Hindus, Buddhists, Sikhs, Jains, Parsis in covered areas | The rule is gone for everyone |
| Where it applied | Wills made within original civil jurisdiction of Calcutta, Madras, Bombay High Courts, or relating to immovable property there | Not applicable, Section 213 omitted |
| Muslims and Indian Christians | Section 213 never applied to them | Position unchanged, still no probate bar |
| Proving a disputed will | Still required, plus probate | Still required, probate optional |
| Is probate still available? | Yes | Yes, and still useful in disputes |
Section 213, Indian Succession Act, 1925 said no executor or legatee could establish any right “as executor or legatee” in court unless probate or letters of administration of the will had been granted.
This bar was limited. It applied to wills made by Hindus, Buddhists, Sikhs, Jains and Parsis in two situations:
For most people this meant Kolkata, Chennai and Mumbai areas, or property located there. Outside those situations, the bar did not apply.
Section 213 never covered wills of Muslims or Indian Christians. So two families in the same city, holding similar wills, faced different rules purely because of the testator's religion.
The Repealing and Amending Act, 2025 received Presidential assent on 20 December 2025. It omits Section 213 in full and makes consequential amendments to Section 3 and Section 370 of the Indian Succession Act, 1925.
The effect is direct. Probate is no longer a statutory pre-condition to act on or claim under a will, regardless of religion or where the property sits.
One thing did not change. A will, if disputed, must still be proved in the ordinary way. You still have to show it is genuine and was properly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act. The repeal removes the probate gateway. It does not remove the duty to prove a contested will.
The repeal is prospective. A savings clause protects the past. It does not affect rights, obligations or liabilities already accrued. It does not revive anything no longer in force. It does not disturb pending or concluded probate proceedings, or any probate or letters of administration already granted before 20 December 2025.
Probate has not disappeared. It is now optional, not mandatory. You may still want it in these situations.
If the will is clear, undisputed, and the institutions you deal with accept it, you can usually proceed without probate now.
For the full method of using your right to records and pushing official transfers through, see The RTI Playbook.
No. After the Repealing and Amending Act, 2025 (assent 20 December 2025), probate is not a statutory pre-condition to claim under a will. You can act on the will directly. If anyone disputes it, you must still prove the will is genuine and properly executed.
No. It applied only to wills made by Hindus, Buddhists, Sikhs, Jains and Parsis, and only where the will was made within the original civil jurisdiction of the Calcutta, Madras or Bombay High Courts, or related to immovable property there. It never applied to Muslims or Indian Christians.
Yes. The repeal is prospective and has a savings clause. Probates and letters of administration granted before 20 December 2025 stay valid. Pending and concluded probate proceedings are not disturbed. Rights already accrued are protected.
Yes. Probate remains available. It is now optional, not mandatory. It is still useful when a will is contested, when an institution insists on it, or when an executor wants formal authority and protection.
No. The repeal removes only the probate requirement. A disputed will must still be proved in the ordinary way under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act. Genuineness and due execution must be shown.
Probate certifies a will and the executor's authority. A succession certificate is for debts and securities when there is no will, or for movable assets. They serve different purposes. See the related guides below to choose the right one for your situation.