The probate of wills is no longer mandatory now in Mumbai, Chennai and Kolkata. The Indian government has brought amendment into Section 213 of the Indian Succession Act, 1925 under the Repealing and Amending
Act, 2025.
Probate is a court’s legal confirmation that a will is valid. It allows the executor to distribute the deceased person’s assets.
Parliament passed the Repealing and Amending Act, 2025, which deletes Section 213, ending the requirement of mandatory probate for wills in Mumbai, Chennai, and Kolkata.
Note that the probate of will has become mandatory only for Mumbai, Chennai and Kolkata. Other than these cities, it is still mandatory.
The government argued that the rule was a colonial-era provision, discriminatory, and causing unequal treatment between communities and regions.
What does this mean for heirs now?
Heirs of Mumbai, Chennai and Kolkata can claim property without probate. Banks, registrars and authorities may accept the will directly.
The process becomes faster, cheaper and less court-driven.
However, probate is still required in case there is a dispute over the will. The matter then can be proceeded with in the court for resolution.
Why was mandatory probate only for Mumbai, Chennai & Kolkata?
The mandatory probate was applicable only for these three cities, which reflects a remnant of the colonial era. The British created special succession rules only for these cities.
During British rule, Mumbai (Bombay), Chennai (Madras) and Kolkata (Calcutta) had Presidency High Courts.
Muslims and Christians were already exempt from mandatory probate even in these cities. This Section only applied over Hindus, Buddhists, Sikhs, Jains and Parsis.
