Archive · 12 Jan 2026
India Removes Mandatory Probate for Wills
India has changed a law that used to make it mandatory for certain people in Mumbai, Chennai, and Kolkata to get a special court approval called probate to use a Will.
This approval was needed to prove that the Will is real and to give the person named in the Will the right to handle the estate.
The change means that people in these cities no longer have to go through this process unless they choose to.
This makes it easier and faster for families to get their inheritance.
However, experts say that getting probate is still a good idea in some cases, like when the Will might be disputed or when the estate includes property in different states or countries.
Banks and other institutions might still ask for probate to be sure everything is legal.
Parliament removed the mandatory probate requirement for Wills in Mumbai, Chennai, and Kolkata under the Repealing and Amending Act, 2025.
This change affects Hindus, Sikhs, Jains, Buddhists, and Parsis who previously had to get probate for Wills executed or covering property in these cities.
The reform aims to simplify the inheritance process and reduce delays, which could take over a year in some cases.
Probate remains optional but is still recommended for complex cases, such as unnatural dispositions, cross-border inheritance, or potential family disputes.
Banks and institutions may still request probate for high-value or sensitive cases, even though it is no longer legally mandatory.
- Who
- Beneficiaries in Mumbai, Chennai, and Kolkata, particularly Hindus, Sikhs, Jains, Buddhists, and Parsis
- What
- Removal of mandatory probate for Wills
- When
- December 2025 (Parliament cleared the Repealing and Amending Act, 2025)
- Where
- Mumbai, Chennai, and Kolkata
- Why
- To remove a colonial-era rule that created unequal treatment across cities and to streamline the inheritance process
- Act
- Repealing and Amending Act, 2025
- Section Removed
- Section 213 of the Indian Succession Act, 1925
- Affected Cities
- Mumbai, Chennai, Kolkata
- Affected Communities
- Hindus, Sikhs, Jains, Buddhists, Parsis
- Probate Purpose
- Court confirmation of Will validity
- Probate Use Cases
- Unnatural dispositions, cross-border inheritance, family disputes
- Court Fee (Maharashtra)
- 2-3% of estate value, capped at ₹75,000
- Court Fee (Delhi)
- 2.5%-4% of estate value