In a significant legal reform, the Indian Parliament has removed a long-standing procedural hurdle for inheriting assets through a Will. The Repealing and Amending Act, 2025, passed in December, has deleted Section 213 of the Indian Succession Act, 1925. This change means that beneficiaries in Mumbai, Chennai, and Kolkata are no longer legally compelled to obtain a probate for a Will to be acted upon.
A Colonial Relic Removed, Speeding Up Inheritance
Previously, Hindus, Sikhs, Jains, Buddhists, and Parsis were forced to secure a probate—a court order validating a Will—if the document was executed in these three cities or involved property located there. This often led to delays exceeding a year, particularly in Mumbai, preventing families from accessing bank accounts or transferring property titles.
"This was a colonial-era rule that had outlived its purpose and created unequal treatment across cities," said Shweta Tungare, co-founder of LawTarazoo. Rishabh Shroff, partner at Cyril Amarchand Mangaldas, highlighted the human cost: "Why should a widow or child wait that long to access family assets, for no fault of theirs?"
With the mandate gone, heirs can now approach banks, registrars, and housing societies directly with the Will, death certificate, and KYC documents, significantly simplifying the process for straightforward, undisputed estates.
When Skipping Probate Could Be a Costly Mistake
Despite the reform, legal and financial experts unanimously advise that probate remains a critical safeguard in numerous scenarios. Probate serves as the court's formal seal, confirming a Will's genuineness and the executor's authority.
Adhiraj Harish, partner at D.M. Harish & Coor, warns that probate is strongly advisable for Wills with an "unnatural disposition"—such as sidelining immediate legal heirs like a spouse or children in favor of a sibling or friend. "In such cases, probate protects the beneficiary by confirming that the Will was validly executed," he explained.
The need for probate intensifies with geographical complexity. Shraddha Nileshwar of 1 Finance points out that if assets are spread across different states, local authorities may be hesitant to act on an unprobated Will from another jurisdiction. A probate order from a competent court smoothens this process.
The NRI Imperative: Probate as the 'Golden Ticket'
For Non-Resident Indians (NRIs), the reform changes little on the ground. Probate is often indispensable for cross-border inheritance. "For NRIs, probate remains the golden ticket for cross-border asset management," emphasized Tungare. Foreign banks and tax authorities frequently do not recognize a simple Indian Will without a court seal, creating major hurdles in repatriating funds or selling inherited assets.
Furthermore, banks and financial institutions within India may still demand probate out of institutional caution, especially for high-value estates. Housing societies in Mumbai, for instance, may still require probate under the Maharashtra Co-operative Societies Act, 1960, until such rules are aligned with the amended central law.
Probate vs. Registration: Knowing the Difference
A common misconception is that registering a Will offers the same protection as probate. Experts clarify the distinction: Registration is an administrative step during the testator's lifetime that mainly helps prove the document's existence. It does not prevent legal challenges after death.
Probate, however, is a judicial process after death where the court examines the Will's validity. "Once probate is granted, it operates as strong legal proof and significantly narrows the scope for future disputes," Nileshwar explained.
Obtaining probate involves filing a petition in the relevant high court or district court, with fees varying by state—often a percentage of the estate's value. In Maharashtra, it's typically 2-3%, capped at around ₹75,000.
In summary, while the repeal of mandatory probate is a welcome move that democratizes and speeds up inheritance for many, it is not a blanket reason to avoid the process. For complex estates, NRIs, or situations where family disputes are likely, securing probate remains the safest strategy to ensure a clear and uncontested transfer of wealth.
