Probates No Longer Compulsory

The Lok Sabha and the Rajya Sabha passed the Repealing and Amending Bill, 2025 ("Bill") in the recently concluded Winter Session with the objective of removing provisions of law which have ceased to be in force or have become obsolete with the passage of time. The Presidential assent and notification in the Official Gazette of the Bill is awaited, and the Bill is expected to come effect in January 2026.

One of the key repeals under the Bill is the deletion of Section 213 of the Indian Succession Act, 1925.

The Current Law:

• Section 213 mandates obtaining Probate of a Will executed by a Hindu, Buddhist, Sikh or Jaina in respect of (i) Wills executed in territories under the Lieutenant-Governor of Bengal or within the ordinary original civil jurisdiction of the High Courts of Madras and Bombay, (ii) Wills executed outside the abovementioned territories but for immovable properties situated in the said territories and (iii) Wills made by Hindu, Buddhist, Sikh or