The Repealing and Amending Act, 2025 (Act No. 37 of 2025) received Presidential assent on 20 December 2025, published in the Gazette on 21 December 2025. It makes a major change to Indian succession law. Parliament has omitted Section 213 of the Indian Succession Act, 1925. This ends the long-standing requirement of mandatory probate in certain parts of India.
For decades, Section 213 caused delay, cost, and complexity. Executors and beneficiaries often had to approach courts even where there was no dispute. That position has now changed.
I. LEGISLATIVE AMENDMENTS: WHAT HAS CHANGED
A. The Amendments Made
The Act makes three limited but important amendments to the Indian Succession Act, 1925.
1. Section 3(1) – Definition Clause
The figures “, 213” are omitted. This removes a reference to a section that no longer exists.
2. Section 213 – Omitted in Full
Section 213 has been completely removed from the statute book.
This section earlier barred executors and legatees from enforcing rights under a will unless probate or letters of administration were obtained.
3. Section 370 – Succession Certificates
Two changes are made:
- Section 370(1):
The words “or section 213 to be established by letters of administration or probate” are replaced with “to be established by letters of administration”. - Section 370(2)(b):
This clause is deleted as it has become redundant.
B. What Section 213 Earlier Provided
Before its omission, Section 213 read:
“No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or letters of administration with the will annexed, or unless such will has been deposited in terms of section 42 of the Indian Registration Act, 1908.”
In practice, this meant the following:
- In former Presidency Towns (Mumbai, Kolkata, Chennai),
- Executors and beneficiaries had to obtain probate before enforcing rights under a will,
- Even when there was no dispute.
This rule did not apply in most other parts of India (the full mandatory probate regime was largely confined to the Presidency town/geography plus certain privileged wills).
Practical Consequences Earlier:
- Delays of 6 to 18 months, or more
- High court fees and legal costs
- Heavy paperwork
- Separate probate and civil proceedings
II. SAVINGS CLAUSE: EFFECT ON PAST AND PENDING MATTERS
A. Section 4 of the 2025 Act
Section 4 contains a detailed savings clause. It protects existing rights and proceedings.
“The repeal by this Act of any enactment shall not affect any other enactment … or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof…”
B. What This Means in Practice
1. Pending Probate Cases
All probate or letters of administration applications filed before 20 December 2025 will continue.
They will be decided under the old law.
2. Probates Already Granted
All probates and letters of administration already issued remain fully valid.
Their legal effect is unchanged.
3. Pending Civil Suits
Civil suits or proceedings already instituted where Section 213 is in issue should ordinarily continue unaffected, by virtue of the savings clause, subject to how courts construe the repeal in specific contexts.
4. Future Cases (Prospective Effect)
Where:
- the will was executed before 20 December 2025, and
- no probate application was filed before that date,
then:
- probate is no longer mandatory, and
- executors and beneficiaries can enforce rights directly.
Voluntary probate, however, remains available.
III. PRACTICAL IMPACT: KEY SECTORS
A. Co-operative Housing Societies (Especially Mumbai)
1. The Old Practice
Mumbai societies routinely demanded probate for transfer of flats through wills.
This was due to:
- Section 213,
- conservative legal advice,
- fear of future disputes.
2. What Must Change Now
Bye-laws must be updated.
❌ Old clause:
“Probate under Section 213 is mandatory.”
✅ Revised clause:
“In case of transmission based on a Will, the Society may, depending on the facts, require probate or letters of administration, or may accept other documents and indemnities as sufficient.”
3. Risk-Based Approach
| Low Risk | Medium Risk | High Risk |
|---|---|---|
| Single beneficiary | Multiple heirs with consent | Disputed or suspicious will |
| No disputes | High-value flat | Ambiguous will |
| Full KYC | Complex family | Pending litigation |
| Action: Accept will + indemnity | Action: Ask for more documents | Action: Insist on probate |
4. Documents for Non-Probate Transmission
- Certified copy of the will
- Death certificate
- KYC of claimants
- Consent or no-objection from other heirs (where relevant)
- Indemnity bond
- Affidavit
5. Immediate Steps for Societies
- Pass a board resolution noting the change in law
- Amend bye-laws
- Update internal circulars and forms
- Inform members of the change
B. Banks and Financial Institutions
This affects:
- bank accounts,
- fixed deposits,
- lockers,
- mutual funds,
- insurance proceeds.
Revised policy language is required.
❌ Old: Probate mandatory under Section 213.
✅ New: Probate may be required based on risk, value, and facts.
Operational steps:
- Fix value thresholds
- Simple checklists for branches
- Strong indemnity formats
- Legal review for high-value cases
C. Companies, RTAs, and Depository Participants
1. Listed Companies and RTAs
Most RTAs already accept wills with indemnities.
However, many policies still mention Section 213.
Action needed:
- Board or committee note
- Policy update
- Revised RTA instructions
- Updated forms and website FAQs
Suggested approach:
- Accept wills with safeguards
- Reserve right to insist on probate in risky cases
2. Depository Participants (NSDL / CDSL)
Required changes:
- Update SOPs
- Modify client forms
- Train staff
- Clear escalation process
IV. VOLUNTARY PROBATE: DOES IT STILL MATTER?
Yes. Probate is no longer compulsory, but it can still be useful.
Why Voluntary Probate Helps
- It is conclusive proof of the will
- It reduces future challenges
- It helps with foreign or interstate assets
- It suits large or complex estates
- Some institutions still prefer it
When to Recommend Voluntary Probate
Advisable when:
- Will may be contested
- Estate is above ₹50 lakh
- Multiple beneficiaries
- Foreign assets or NRIs involved
- Business or control issues
Often unnecessary when:
- Simple will
- Single beneficiary
- All heirs agree
- Small estate
- Speed and cost matter
V. BROADER IMPACT AND RISKS
A. Legislative Objective
The change aims to:
- reduce litigation,
- speed up asset transfer,
- lower costs,
- remove colonial-era distinctions.
It aligns with “Ease of Living” and “Ease of Doing Business”.
B. Possible Risks
- More forged or disputed wills
- Higher institutional exposure
- Inconsistent practices
Risk control measures:
- Strong documentation
- Indemnities
- KYC checks
- Heir consents
- Legal opinions in large cases
C. Will Registration as Safeguard
Section 42 of the Registration Act allows voluntary registration of wills.
Registration:
- does not prove validity,
- but helps prove execution,
- fixes date,
- reduces risk of loss.
Registration should now be actively encouraged.
VI. COMPARATIVE POSITION
- UK: Probate mandatory above £5,000
- USA: Varies by state; small-estate exceptions
- Singapore: Probate above SGD 50,000
- Australia: Threshold-based system
India now has one of the most liberal regimes, but with greater reliance on institutional diligence.
The thresholds stated above for the UK, Singapore are commonly cited small‑estate thresholds, but these are subject to change and can vary by context and type of asset.
VII. PRACTICE POINTERS FOR LAWYERS
Client Advice
- Explain probate is optional, not mandatory
- Discuss will registration
- Assess dispute risk
- Prepare strong documentation
Dispute Strategy
- Cite repeal of Section 213
- Offer indemnities
- Seek legal opinion if institutions resist
- Probate can still be filed voluntarily
VIII. FREQUENT QUESTIONS (SHORT ANSWERS)
Q: Are old wills invalid?
No.
Q: Can institutions still ask for probate?
Yes, but not as a blanket rule.
Q: What about pending cases?
They continue under old law.
Q: Does this affect all religions?
Yes, the omission removes the Section 213 bar for all communities it earlier covered in Presidency Towns, though the manner and extent of application had previously differed between communities and regions.
IX. CONCLUSION
The omission of Section 213 is one of the most important reforms in succession law in recent times.
It removes an outdated and costly procedural barrier.
It speeds up inheritance and reduces litigation.
However, success depends on:
- sensible institutional policies, and
- careful legal advice to manage fraud and disputes.
Probate is no longer compulsory—but good judgment is now more important than ever.
