Is Probate Mandatory in India After the Repealing and Amending Act, 2025?

Probate is no longer mandatory anywhere in India. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, 1925, removing the compulsory court validation requirement that previously applied to certain wills, particularly those executed by Hindus, Buddhists, Sikhs, Jains and Parsis involving immovable property in Mumbai, Chennai and Kolkata. 

This reform brings uniformity to testamentary succession across the country. However, voluntary probate remains a valuable option in specific situations to strengthen legal certainty.

Jurisdiction

This information applies across India under the Indian Succession Act, 1925 (as amended). Practices, timelines and document acceptance can vary by state, High Court jurisdiction, revenue authorities, cooperative societies, banks and other institutions.

When This Applies / Does Not Apply

The change applies to wills governed by the Indian Succession Act, 1925, especially those previously subject to mandatory probate under Section 213 (wills by Hindus, Buddhists, Sikhs, Jains and Parsis executed in or relating to immovable property in, the former presidency towns of Mumbai, Chennai and Kolkata).

It does not apply to:

• Muslims (governed by Muslim personal law)
• Indian Christians (to the extent governed by separate provisions or exemptions)
• Cases where probate or letters of administration remain mandatory under other specific laws or court orders
• Probate applications already filed before the Act came into force (these continue under the previous rules)

Step-by-Step Process for Transferring Assets Without Mandatory Probate

In uncontested cases, families can usually complete asset transmission without obtaining court-granted probate. The typical process involves:

1. Obtain the testator’s death certificate.
2. Secure the original will (or a certified copy if the original is unavailable).
3. Prepare a legal heir certificate or family tree affidavit from the competent revenue authority.
4. Execute an indemnity bond on appropriate stamp paper, signed by the beneficiaries.
5. Collect no-objection certificates from other legal heirs (if required by the concerned authority).
6. Submit all documents along with identity and address proofs to the relevant entity:
   • Cooperative housing society (for flat/share certificate transfer)
   • Sub-registrar or revenue office (for mutation of land/property records)
   • Bank, mutual fund company or depository (for deposits, shares, demat accounts)
7. Await document verification and approval by the authority.

If disputes arise or the institution insists on further proof, voluntary probate may be required.

Documents Commonly Required for Transfers (Without Mandatory Probate)

• Original or certified copy of the will
• Death certificate of the testator
• Legal heir certificate or family tree affidavit
• Indemnity bond executed by beneficiaries
• No-objection certificates from other heirs (where applicable)
• Identity and address proofs of claimants
• Relevant property/asset documents (sale deed, share certificate, passbook, demat statement, etc.)
• Affidavit confirming no known disputes or challenges to the will

Cost & Timeline

Direct transfers without probate generally involve:

• Stamp duty on indemnity bonds is typically ₹100–₹500 in many states (higher in some cases, depending on bond value and state stamp rules)
• Nominal administrative or processing fees charged by societies, banks or revenue offices

Voluntary probate costs include:

• Court fees, usually a percentage of the estate value (commonly reported in the range of 2–3% in many states, with maximum caps, e.g., around ₹75,000 in Maharashtra and lower in some other jurisdictions)
• Lawyer fees and miscellaneous process expenses (variable)

Timelines for direct transfers vary widely, often 2–8 months, depending on the institution, document completeness and local verification speed. Voluntary probate applications can take significantly longer, typically 6–24 months or more, depending on court backlogs and case complexity.

Voluntary Probate: When & Why to Consider It

Although probate is no longer compulsory, it may still be sought voluntarily in situations such as:

• Potential or existing disputes among heirs
• High-value estates where judicial validation strengthens title
• Banks, housing societies or prospective buyers insisting on additional proof despite the legal change
• Cases involving NRIs or cross-border assets where foreign institutions require court confirmation

Voluntary probate petitions are filed in the relevant High Court (or district court in some matters) following standard procedure.

Common Mistakes & Delays We See

We frequently see families experience unnecessary delays because:

• The will lacks proper attestation by two witnesses.
• Submitted documents are incomplete, uncertified or incorrectly drafted.
• Institutions continue to request probate due to internal policies or caution.
• Disputes emerge among heirs after the transfer process has started.
• The original will is lost and no certified copy is available.

Thorough document preparation and proactive communication with the relevant authorities can help prevent these issues.

Special Cases

If you are an NRI, hold assets across multiple states or the estate includes benefits payable to government employees, extra requirements may apply (e.g., consular attestation, FEMA compliance, departmental formalities). State-specific revenue rules or cooperative society bye-laws can also influence the process. In such cases, professional guidance is recommended.

Relevant Legal Provisions

• Indian Succession Act, 1925: Section 213 omitted by the Repealing and Amending Act, 2025
• Sections 57, 59, 63 – general rules on will execution and validity remain unchanged

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws, procedures, fees and institutional practices can vary by state, authority and individual circumstances. Always consult a qualified legal professional for advice specific to your situation.

Published: February 2026

Reviewed by: Legal Team, ezyLegal

Last updated: February 2026 (reflects position after Repealing and Amending Act, 2025)

Frequently Asked Questions: Is Probate Mandatory in India?

Q1. Is probate still mandatory anywhere in India?

Ans1. No. Probate is no longer mandatory across India after the omission of Section 213 of the Indian Succession Act, 1925 through the Repealing and Amending Act, 2025.

Q2. What exactly changed with the 2025 amendment?

Ans2. The Repealing and Amending Act, 2025 completely omitted Section 213, removing the statutory requirement to obtain probate to establish rights under certain wills.

Q3. Does this change apply to Mumbai, Chennai and Kolkata?

Ans3. Yes, the previous mandatory requirement for these cities has been fully removed, aligning them with the rest of India.

Q4. Is probate now completely optional?

Ans4. Yes. It is voluntary and often recommended for disputed estates, high-value assets, multiple heirs or when institutions seek extra assurance.

Q5. Can rights under a will be enforced without probate?

Ans5. Yes, in uncontested cases, a valid will can be acted upon with supporting documents, as Section 213 no longer imposes a bar.

Q6. Does the amendment apply retrospectively?

Ans6. No, the change is prospective. Probate applications or proceedings filed before the Act came into force follow the old rules.

Q7. What documents are typically needed to transfer property without probate?

Ans7. Common documents include the original will, death certificate, legal heir affidavit or family tree, indemnity bond, no-objection certificates (if required) and identity proofs, verified by the relevant authority.

Q8. Will housing societies and banks still demand probate?

Ans8. There is no statutory basis to insist on probate post-amendment, but some institutions may continue internal policies and request probate or strong alternative documents.

Q9. Is registration or notarization of a will mandatory?

Ans9. No, registration is optional. A will is legally valid if properly executed under the Indian Succession Act, 1925 (signed by the testator and attested by two witnesses).

Q10. When is voluntary probate still advisable?

Ans10. It is advisable in cases of potential disputes, high-value estates, forgery risks or when clear judicial title is essential for future sales or transfers.

Q11. Does this reform affect Muslims or Christians?

Ans11. No, Section 213 never applied to them. Succession continues under their respective personal laws.

Q12. What if a will is challenged after property transfer?

Ans12. Challenges can still occur later (e.g., during mutation or in court). Voluntary probate obtained upfront provides stronger judicial validation and reduces such risks.

Q13. How long did mandatory probate usually take before the change?

Ans13. It often took several years due to court backlogs. Uncontested transfers now frequently conclude in months with proper documentation.

Q14. Is a succession certificate still needed for debts, shares or securities?

Ans14. Yes, succession certificates remain relevant under Part X of the Indian Succession Act for certain debts, shares and securities, even after the amendment.

Q15. Where can families get expert help with succession, wills or probate matters?

Ans15. For professional guidance on will drafting, succession planning, document preparation or voluntary probate applications, you can connect with experts at ezyLegal.