PROBATE OF WILLS NO LONGER COMPULSORY IN INDIA A MAJOR REFORM IN INHERITANCE LAW YOU SHOULD KNOW

 

PROBATE OF WILLS NO LONGER

 COMPULSORY IN INDIA

A MAJOR REFORM IN INHERITANCE LAW

 YOU SHOULD KNOW

WHAT IS PROBATE?

Probate = court certification of a will’s authenticity

Earlier, it was mandatory in some cases before heirs could act

This requirement has now changed fundamentally

WHAT’S THE BIG CHANGE?

Probate is no longer compulsory in most cases across India

Executors & beneficiaries can enforce wills directly

Court approval is now optional, not mandatory

LEGAL TRIGGER

Repealing and Amending Bill, 2025

Passed by Lok Sabha & Rajya Sabha

Section 213 of the Indian Succession Act, 1925 omitted

Awaiting Presidential assent

EARLIER LEGAL POSITION

Probate compulsory for wills of: Hindus, Buddhists, Sikhs & Jains

In cities like Mumbai, Chennai & Kolkata

Not required for Muslims & Christians

Resulted in religion-based discrimination

WHAT CHANGES NOW?

Uniform inheritance rule across religions & regions

No special city-based or community-based rules

State governments cannot grant exemptions anymore

PRACTICAL IMPACT

Faster estate administration ⏱

Lower legal costs

Less court involvement

Succession certificates become more relevant & accessible

IS PROBATE STILL USEFUL?

Yes — but voluntary

Advisable for:

High-value assets

Anticipated family disputes

Offers stronger legal protection

WHY THIS MATTERS?

Simplifies inheritance planning

Removes out-dated colonial-era barriers

Aligns succession law with ease of living & justice

FINAL THOUGHTS

A silent but powerful reform in Indian company & family law

➡ Executors | Heirs | Lawyers | Compliance Professionals

Time to rethink estate planning strategies

REMINDER

Repealing and Amending Bill, 2025

Passed by Lok Sabha & Rajya Sabha

Section 213 of the Indian Succession Act, 1925 omitted

Awaiting Presidential assent

Once President accent is received, it will become Act  and it enforceability starts.

R V SECKAR , FCS , LLB ,7904719295