Probate is no longer mandatory anywhere in India, a genuinely recent change.
Until late 2025, Section 213 of the Indian Succession Act, 1925 made probate, a court certification confirming a will is genuine, mandatory before an executor or legatee could establish their rights in court, but only in specific circumstances: for wills made by Hindus, Buddhists, Sikhs, Jains, and Parsis, executed within the original civil jurisdiction of the Bombay, Madras, or Calcutta High Courts, or executed elsewhere but relating to immovable property in those cities, essentially Mumbai, Chennai, and Kolkata. Wills made by Muslims and Indian Christians were never subject to this requirement, a long-standing inconsistency in the law.
Parliament repealed Section 213 through the Repealing and Amending Act, 2025, which received Presidential assent on 20 December 2025. Probate is now voluntary across India, for every community and every city, rather than mandatory in some cases and not others. This is a genuine simplification: beneficiaries with a clear, uncontested will can now approach banks and land registries directly, without first needing a court order.
This doesn’t mean probate has become pointless. It remains available, and it still offers the strongest form of judicial confirmation that a will is genuine, which matters if a will is likely to be contested. What’s changed is that it’s now a choice based on your situation, not a fixed requirement based on your religion and where your property happens to sit. We advise on whether probate is worth pursuing voluntarily for your specific estate.