Probate no longer mandatory: what it means for estate planning
New Delhi, Aug. 4 -- Yes. Section 213 of the Indian Succession Act, 1925 was omitted by the Repealing and Amending Act, 2025 with effect from 20 December 2025.
Earlier, Section 213 restricted certain executors and beneficiaries from establishing rights under a will in court unless probate or letters of administration had first been obtained. That statutory requirement has now been removed.
No. Even earlier, the requirement did not apply uniformly across India.
For Hindus, Buddhists, Sikhs and Jains, it broadly applied to specified wills connected with the territories falling within the original civil jurisdiction of the high courts at Mumbai, Chennai and Kolkata. Different rules applied to certain other communities.
The omission of Se...
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