The Indian Succession Act, 1925 has long governed the law relating to wills, probate, and succession in India. For nearly a century, Section 213 stood as a significant procedural gatekeeper, mandating that no right under a will could be established in any court unless probate or letters of administration were first obtained.

The Repealing and Amending Act, 2025, received the President’s assent on December 20, 2025. The Act repeals 71 outdated laws and provisions, and includes the omission of Section 213 of the Indian Succession Act, 1925, which had forced families to approach a court before they could act on a will. This law also ends the practice in Mumbai, Chennai and Kolkata, where probate was mandatory for decades.

Before its omission, Section 213 provided that:

“No right as executor or legatee can be established in any court of justice unless a court of competent jurisdiction has granted probate of the will or letters of administration.”

A key benefit of Section 213 was the formal verification of the genuineness of a will by a legal authority. This provision required the executor or heirs of a deceased Hindu, Jain, Sikh, Parsi, or Buddhist person to obtain probate or letters of administration from the High Courts of Bombay, Calcutta or Madras for wills executed in these cities, or for wills made outside when immovable property was located within their territorial limits. This requirement did not apply elsewhere in India.

In practical terms, even where a will was genuine and undisputed, beneficiaries were compelled to undergo the time-consuming and costly probate process before asserting their rights in court.

Although exemptions existed, particularly for Muslims, Indian Christians and for wills executed outside the old Presidency Towns, the provision created uneven and complex legal consequences, depending on;

• the religion of the testator, and

• the geographical location of the property or execution of the will.

This resulted in a fragmented succession regime, where procedural compliance often overshadowed substantive justice.

Through the Repealing and Amending Act, 2025, Parliament has:

1. Omitted Section 213 entirely from the Indian Succession Act, 1925.

2. Removed all consequential references, including:

• deletion of “213” from Section 3(1), and

• amendments to Section 370, eliminating the linkage between proof of rights and Section 213.

This legislative move dismantles a colonial-era procedural barrier that had governed inheritance practices for decades, particularly in the Bombay, Calcutta, and Madras.

Importantly, the reform does not abolish probate as a legal institution it merely removes its mandatory character as a precondition for asserting rights under a will.

1. Reducing procedural burden

Probate proceedings are often expensive, technical, and time-consuming. In uncontested matters, they added little value while significantly delaying the enjoyment of property. The omission prevents unnecessary litigation and judicial congestion.

2. Improving access to justice

For many beneficiaries, especially from economically weaker backgrounds, the cost and complexity of probate made succession rights practically inaccessible. The amendment democratizes inheritance law by removing procedural roadblocks.

3. Aligning with modern legal trends

Contemporary legal systems increasingly emphasize substance over form. The focus today is on the genuineness of the will, not rigid procedural formalities. The reform aligns Indian succession law with this progressive approach.

1. Easier enforcement of rights

Legatees can now rely directly on a will in civil proceedings without first obtaining probate, unless a specific statute requires it, or a Court, in its discretion, directs otherwise or there is dispute regarding will.

2. Continued relevance of probate

Probate remains crucial in:

• disputed or suspicious wills,

• complex estates involving multiple heirs,

• matters concerning large financial institutions, and

• estates with foreign assets.

Thus, probate shifts from being compulsory in form to necessary in substance, depending on the facts of each case.

3. Impact on pending litigation

This omission will not affect the pending probate matters as the same have been protected by the Savings clause of the Repealing Act. 

The omission of Section 213 resonates with this philosophy by removing a technical barrier that often delayed rightful inheritance without serving any compelling substantive purpose. This can be seen as a step to achieve implementation uniform civil laws.

The amendment is expected to reduce the burden on probate courts, streamline civil litigation involving wills, and shift judicial focus to real disputes rather than formal prerequisites.

The omission of Section 213 of the Indian Succession Act, 1925 represents a progressive leap in the evolution of Indian inheritance law. By eliminating the compulsory probate requirement for asserting rights under a will, the legislature has simplified legal procedures, enhanced access to justice, and modernised succession law in line with contemporary needs.

While probate continues to retain its importance in appropriate cases, Indian succession law has now moved toward a more practical, people-centric, and justice-oriented framework. a reform that will benefit litigants, lawyers, and courts alike.

About the authors: Ishwar Ahuja is a Partner and Nikita Lad is an Associate at Saga Legal.

Samruddhi, Intern provided assistance.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

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