By S&S Co. Advocates & Solicitors · Published 30 September 2026 · Informational content, not legal advice: see our disclaimer
What Section 213 Used to Require
Section 213 of the Indian Succession Act, 1925 historically imposed a mandatory probate requirement in a specific, geographically limited set of circumstances: for Wills made by Hindus, Buddhists, Sikhs or Jains within the territorial jurisdiction of the former Presidency towns of Calcutta, Madras and Bombay (broadly, the areas now covered by the original jurisdiction of the Calcutta, Madras and Bombay High Courts), and for Wills made outside those limits but relating to immovable property situated within them, an executor or legatee could not establish any right as executor or legatee under the Will in any court, without first obtaining probate (or, for an administrator, letters of administration) of the Will from a court of competent jurisdiction. Outside those specific territorial limits, probate had never been mandatory in the same way, establishing title through a Will was generally possible without it, though probate remained available and often practically useful even where not compulsory.
The Repeal and What Changed
The Repealing and Amending Act, 2025 ended this mandatory probate requirement, making probate optional even within the territories where Section 213 previously made it compulsory. Practically, this means an executor or legatee in Kolkata, Chennai or Mumbai claiming under a Will no longer must obtain probate before enforcing rights under it in court: probate remains available as a route, but it is no longer the sole gateway to establishing those rights within the former Presidency towns, bringing the position there into closer alignment with how the rest of India had always operated on this specific question.
What Didn't Change
The repeal removes the mandatory procedural gateway; it does not change the underlying requirements for a Will to be valid (still Section 63 of the Indian Succession Act) or how a Will is proved when its validity is actually contested (still Section 68 of the Indian Evidence Act, requiring an attesting witness's testimony where available). It also does not affect other, independent reasons probate is sometimes specifically required: for instance, many banks, registrars and other institutions have their own internal policies about what documentation they will accept before releasing funds or transferring title based on a Will, and some may continue to expect probate as a matter of institutional practice or risk management even where it is no longer a strict statutory precondition to litigate.
Should Executors Still Seek Probate Voluntarily?
Whether to seek probate voluntarily, even though no longer mandatory, is now genuinely a judgment call rather than a foregone conclusion, and the answer depends on the specific estate. Probate carries real benefits independent of the old mandatory requirement: a probate proceeding, where granted, provides a formal, court-issued confirmation of the Will's validity that gives third parties, banks, registrars, purchasers of estate property, strong confidence in dealing with the executor, and it forecloses (or substantially narrows) the window for a later challenge to the Will's validity, since interested parties are typically given notice and an opportunity to object during the probate process itself. Where an estate is straightforward, uncontested, and the relevant institutions (banks, the sub-registrar) are willing to proceed on the strength of the Will and standard supporting documents alone, skipping voluntary probate can save meaningful time and cost. Where an estate is larger, more likely to be contested, or where institutions handling specific assets are known to insist on probate as a matter of practice, obtaining it voluntarily remains the more prudent course even though no longer legally compulsory.
Practical Guidance for Executors Now
Executors administering an estate in a former Presidency town after the repeal should first check with the specific institutions holding the deceased's assets, banks, depositories, the relevant sub-registrar's office, about their current documentation requirements, since institutional practice may not have caught up uniformly with the statutory change, and some institutions may still expect or prefer probate regardless of the legal change. Where the estate is at all likely to be contested, or is of substantial value, voluntary probate remains worth pursuing for the protection and certainty it provides, notwithstanding that it is no longer legally required.
Frequently Asked Questions
What did the Repealing and Amending Act, 2025 change about probate?
It ended the mandatory probate requirement that Section 213 of the Indian Succession Act previously imposed within the former Presidency towns of Calcutta, Madras and Bombay, making probate optional there just as it had generally been in the rest of India.
Where was probate previously mandatory before the repeal?
Within the territorial jurisdiction of the former Presidency towns (broadly the original jurisdiction of the Calcutta, Madras and Bombay High Courts), for Wills made by Hindus, Buddhists, Sikhs or Jains, and for Wills relating to immovable property situated within those limits.
Does the repeal mean probate is now useless?
No: probate remains available and can still be genuinely valuable, particularly for larger or potentially contested estates, since it gives a court-issued confirmation of the Will's validity and forecloses much of the later window for challenging it.
Do banks and registrars still ask for probate even though it's no longer mandatory?
Some may, as a matter of institutional policy or risk management, independent of the statutory change: executors should check current requirements with the specific institutions holding the deceased's assets rather than assume the repeal changed every institution's practice.
Did the repeal change the requirements for a Will to be validly executed?
No: Section 63 of the Indian Succession Act (execution and attestation) and Section 68 of the Indian Evidence Act (proof through an attesting witness) continue to govern a Will's validity and proof; the repeal only removed the mandatory probate gateway in the former Presidency towns.
References & Further Reading
This guide describes the general effect of the Repealing and Amending Act, 2025 on Section 213. Institutional practice around documentation requirements can vary and evolve, and executors should confirm current requirements with the specific institutions involved in a given estate.
- Repealing and Amending Act, 2025: repeal of the mandatory probate requirement under Section 213 of the Indian Succession Act, 1925.
- Indian Succession Act, 1925, Section 63: requirements for valid execution and attestation of a Will.
- Indian Evidence Act, 1872, Section 68: proof of a Will through an attesting witness.