India's 2025 Succession Law Reform: From Colonial Burden to Citizen Convenience - Legal Service India

Introduction

The Repealing and Amending Act, 2025 has fundamentally transformed how families in India handle wills and inheritance. Two critical changes—the removal of Section 213 and amendment of Section 370 of the Indian Succession Act, 1925—end a century of geographic and community-based discrimination in probate law.

Table of Contents

What’s Changed After 2025

Probate requirement was mandatory in old Presidency towns (Mumbai, Kolkata, Chennai) for Hindu, Buddhist, Sikh, and Jain testators (other than Mohammadans). For Christians (and others not covered by those exceptions), it broadly applies to wills affecting immovable property in territories where the Act extends (most of India, excluding some tribal areas). However, it was voluntary nationwide—a strategic choice, not a legal barrier. Thus, there was a geographic discrimination faced different rules based on location.

Post Amendment Act 2025, uniform rules now apply across India. Pre Amendment Act 2025, the banks often required full probate even for small amounts, which took months or years of court proceedings for routine estates, which has now been scrapped. Succession certificates are now available for most financial assets thereby saving both cost and time.

The Problem: Meera’s Story

When Meera’s father passed away in Mumbai in 2023, he left a valid will dividing his modest flat and savings between Meera and her brother. Despite having an uncontested will, Meera spent 18 months and over ₹2 lakhs in legal fees obtaining probate from the Bombay High Court—a mandatory requirement simply because her father was a Hindu and the property was in Mumbai.

Her cousin in Delhi, inheriting a similar estate under similar circumstances, faced no such requirement and settled the estate in weeks.

This geographic lottery, rooted in colonial-era classifications of “Presidency towns,” created profound inequalities that the 2025 amendments finally dismantle.

Understanding the Old System: Colonial Architecture

The Presidency Towns Legacy

The Indian Succession Act, 1925 carried forward Victorian-era assumptions about judicial supervision. Section 57 made probate compulsory for wills made by Hindus, Buddhists, Sikhs, and Jains in three situations:

The will was executed within the original civil jurisdiction of the High Courts of Calcutta, Bombay, or Madras
The will dealt with immovable property located in those territories
The testator belonged to one of the specified communities i.e. Hindu, Buddhist, Sikh, Jain, & Parsis

This framework assumed that commercial centers required tighter court control, but it produced arbitrary results in modern India.

Section 213

“Section 213 – Right as executor or legatee when established

No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed.

This section shall not apply in the case of Wills made by Muhammadans, and shall only apply:

in the case of Wills made by any Hindu, Buddhist, Sikh or Jaina where such Wills are of the classes specified in clauses (a) and (b) of section 57; and

in the case of Wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962.) where such Wills are made within the local limits of the [ordinary original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such Wills are made outside those limits, in so far as they relate to immovable property situated within those limits.

The Mandatory Gatekeeper

Section 213(1) created an absolute bar: no executor or beneficiary could establish their rights in any court without first obtaining probate or letters of administration from a competent Indian court.

Section 57 – Application of Certain Provisions of Part to a Class of Wills Made by Hindus, Etc.

The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply:

to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
to all such Wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits; and
to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):

Provided that marriage shall not revoke any such Will or codicil.

Combined Effect of Sections 213 and 57

Combined with Section 57, this meant that certain testators in certain cities faced a mandatory, expensive court process, while others could prove their Wills directly in any relevant proceeding.

Supreme Court in Clarence Pais & Ors. v. Union of India (2001) 4 SCC 325

The Supreme Court in Clarence Pais & Ors. v. Union of India (2001) 4 SCC 325 acknowledged this asymmetry but was bound by the statutory language.

Kanta Yadav v. Om Prakash Yadav (2020) 14 SCC 102

It would be trite to reproduce the observations of the Court, which reads thus:

11) Learned counsel for the respondents also referred to the Supreme Court judgment in Clarence Pais & Ors. v. Union of India wherein, validity of Section 213 of the Act was challenged as unconstitutional and discriminatory against the Christians. This Court held as under:

6. … A combined reading of Sections 213 and 57 of the Act would show that where the parties to the Will are Hindus or the properties in dispute are not in territories falling under Sections 57(a) and (b), sub-section (2) of Section 213 of the Act applies and sub-section (1) has no application. As a consequence, a probate Will will not be required to be obtained by a Hindu in respect of a Will made outside those territories or regarding the immovable properties situate outside those territories.

The result is that the contention put forth on behalf of the petitioners that Section 213(1) of the Act is applicable only to Christians and not to any other religion is not correct.”

12) The statutory provisions are clear that the Act is applicable to Wills and codicils made by any Hindu, Buddhist, Sikh or Jain, who were subject to the jurisdiction of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras or Bombay – {clause (a) of Section 57 of the Act}. Secondly, it is applicable to all Wills and codicils made outside those territories and limits so far as relates to immoveable property within the territories aforementioned – Clause (b) of Section 57. The clause (c) of Section 57 of the Act relates to the Wills and codicils made by any Hindu, Buddhist, Sikh or Jain on or after the first day of January, 1927, to which provisions are not applied by clauses (a) and (b). However, sub-section (2) of Section 213 of the Act applies only to Wills made by Hindu, Buddhist, Sikh or Jain where such Wills are of the classes specified in clauses (a) or (b) of Section 57. Thus, clause (c) is not applicable in view of Section 213(2) of the Act.

13) In view thereof, the Wills and codicils in respect of the persons who are subject to the Lieutenant-Governor of Bengal or who are within the local limits of ordinary original civil jurisdiction of High Court of Madras or Bombay and in respect of the immoveable properties situated in the above three areas. Such is the view taken in the number of judgments referred to above in the States of Punjab and Haryana as well as in Delhi as also by this Court in Clarence Pais.”

Ewanlangki-E-Rymbai Vs Jaintia Hills District Council And Others, 2006 (4) SCC 748

Background: Clarence Pais And Others Vs Union Of India

In Clarence Pais and others vs. Union of India : (2001) 4 SCC 325 the challenge to Section 213 and Section 57 of the Succession Act, 1925 was considered and repelled. No doubt this Court held that the basis of the challenge, namely that Section 213(1) of the Act was applicable only to Christians and not to any other religion, was not correct. However, the Court made pertinent observations in the following words :-

Supreme Court Observations On Section 213

“We have shown above that it is applicable to Parsis after the amendment of the Act in 1962 and to Hindus who reside within the territories which on 1.9.1870 were subject to the Lt. Governor of Bengal or to areas covered by original jurisdiction of the High Courts of Bombay and Madras and to all wills made outside those territories and limits so far as they relate to immovable property situate within those territories and limits. If that is so, it cannot be said that the section is exclusively applicable only to Christians and, therefore, it is discriminatory. The whole foundation of the case is thus lost. The differences are not based on any religion but for historical reasons that in the British Empire in India, probate was required to prove the right of a legatee or an executor but not in Part ‘B’ or ‘C’ States. That position has continued even after the Constitution has come into force. Historical reasons may justify differential treatment of separate geographical regions provided it bears a reasonable and just relation to the matter in respect of which differential treatment is accorded. Uniformity in law has to be achieved, but that is a long drawn process. Undoubtedly, the States and Union should be alive to this problem. Only on the basis that some differences arise in one or the other States in regard to testamentary succession, the law does not become discriminatory so as to be invalid. Such differences are bound to arise in a federal set up.”

Section 370: The Double Lock

Section 370(1) added another layer of restriction. It prohibited courts from granting succession certificates—the simpler, faster mechanism for accessing bank accounts, fixed deposits, shares, and similar financial assets—wherever probate was mandatory under Sections 212 or 213.

Practical Impact

Even if a family only needed to access a deceased parent’s bank account containing ₹5 lakhs, if probate was mandatory in their jurisdiction, they had no choice but to undergo the full probate process.
A succession certificate, despite being perfectly suited to the task, was legally unavailable.
Financial institutions, bound by law, routinely refused to release funds without probate in Presidency jurisdictions, regardless of the amounts involved or the clarity of the will.

The Judicial Response: Recognizing The Problem

Courts repeatedly highlighted the problems with this system:

Geographic discrimination: The Law Commission of India described Section 213 as “anachronistic” and “incompatible with a uniform civil framework,” noting the artificial distinction between wills executed inside and outside old Presidency limits.
Community-based burden: Certain religious communities bore procedural burdens that others did not, raising constitutional concerns about equality before law.
Disproportionate impact on modest estates: The requirement to undergo expensive, time-consuming probate proceedings for small estates caused genuine hardship to families during bereavement.
Evidentiary confusion: While courts acknowledged that probate could be valuable as an evidentiary tool and marketability enhancer, the mandatory nature of Section 213 converted a useful option into a compulsory hurdle.

Mandatory Versus Voluntary Probate

Several judgments noted that even where probate was not mandatory, parties could voluntarily seek it for evidentiary certainty or to establish clear, marketable title. This distinction between mandatory and voluntary probate became the foundation for the 2025 reform.

The 2025 Reform: Three Fundamental Changes

1. Omission of Section 213: Making Probate Voluntary

What’s removed: The statutory bar preventing executors and legatees from establishing rights without first obtaining probate.

Legal effect:

Probate is no longer a pre-condition to sue, defend, or establish rights as executor or beneficiary, even in former Presidency jurisdictions
The Presidency-based mandatory regime is dismantled
Uniform all-India standards now apply for proving wills in courts
Proof follows ordinary rules of evidence under the Indian Evidence Act and procedural provisions of the Succession Act

What’s retained: Probate as an institution remains fully available. It becomes a strategic choice rather than a compulsory barrier.

When to still seek probate:

High-value commercial or urban immovable property likely to be sold or mortgaged
Anticipated disputes over will authenticity
Multiple potential claimants
Desire for conclusive, court-endorsed protection against future challenges
Properties requiring clear marketable title for transactions

2. Amendment of Section 370: Unlocking Succession Certificates

What’s changed: The blanket prohibition on succession certificates where probate is required has been recalibrated.

Practical impact:

Families can now obtain succession certificates for bank accounts, fixed deposits, NSCs, shares, and similar financial instruments without being forced into probate
Financial institutions can safely rely on succession certificates as a standard mechanism to settle accounts

The process is faster, cheaper, and more proportionate to the value of most financial assets. Any residual restrictions are confined to narrow, specific situations defined by other laws.

3. Legislative Intent: Decolonization and Ease of Living

The Union Law Minister’s parliamentary statement explicitly described Section 213 as reflecting a “colonial mindset” operating unequally across communities and regions.

Policy objectives achieved:

Decolonization: Removing Presidency-centric disparities and outdated classifications
Ease of living: Enabling families to access legitimate inheritances without disproportionate legal burdens
Judicial economy: Reducing avoidable probate filings in metropolitan courts
Uniform application: Harmonizing succession law nationwide regardless of geography or community

Constitutional alignment: Furthering equality before law by removing community-specific and location-specific burdens

How the Reform Solves Real Problems

Problem 1: Geographic Lottery Eliminated

Before	After
A Hindu testator in Mumbai leaving even a small apartment triggered mandatory probate. The same testator in Delhi faced no such requirement.	Proof of a will follows the same evidentiary rules nationwide. Successors can choose the most appropriate mechanism based on estate complexity and value, not based on the accident of location.

Problem 2: Reduced Cost and Delay

Before: Mandatory probate in metropolitan High Courts involved:

Ad valorem court fees based on entire estate value
Legal fees (often ₹50,000 to ₹2,00,000+)
Newspaper publication costs
Multiple hearings over 6–18 months
Time away from work and emotional toll during bereavement

After:

Small and medium estates can be administered by directly proving the will in civil or revenue proceedings
Succession certificates provide streamlined access to financial assets
Families can access properties and accounts within weeks rather than months
Legal costs become proportionate to estate complexity

Problem 3: Financial Assets Unlocked

Real scenario: Ravi’s mother passed away leaving ₹12 lakhs in various bank accounts and a mutual fund investment. Under the old law in Mumbai, he needed full probate despite having a clear will—a process costing ₹80,000 and taking 14 months.

New option: Ravi can now apply for a succession certificate from the District Court, a process typically completed in 2–3 months at a fraction of the cost. Banks and financial institutions can safely release funds on this basis.

Problem 4: Probate Still Available as Premium Option

When Anjali should still seek probate: Anjali inherited a commercial building in Bangalore worth ₹5 crores that she plans to sell. Although probate is no longer mandatory, she chooses to obtain it voluntarily because:

Potential buyers will demand certainty of title
The property value justifies the probate expense
She wants conclusive judicial endorsement to prevent future challenges
It enhances marketability and may affect sale price

The reform doesn’t discourage probate—it repositions it from mandatory gatekeeper to valuable evidentiary tool.

Transition Issues and Litigation Questions

Pending Probate Petitions

Question: What happens to probate petitions filed before the amendment in former Presidency jurisdictions?

Likely approach: Courts may permit parties to withdraw pending petitions if they prefer to proceed through alternative mechanisms. However, parties who have invested time and costs may choose to continue, and courts retain jurisdiction over validly filed petitions.

Case Law Relevance

Question: Are pre-2025 judgments interpreting Sections 213 and 370 now irrelevant?

Answer: Not entirely. While these decisions no longer establish mandatory bars, they remain persuasive on questions of:

When probate is prudentially advisable
Evidentiary weight of probated vs. unprobated wills
Marketability of title considerations
Procedural best practices

The substance of judicial reasoning about probate’s value survives; only the mandatory nature of the requirement has changed.

Institutional Adaptation

Banks, NBFCs, registrars, and other institutions must update their policies to reflect that:

Probate is no longer a universal pre-condition for dealing with deceased customers’ assets
Succession certificates are now available for most financial claims
Internal guidelines requiring probate in all cases need revision
Risk management protocols should focus on substantive verification rather than blanket probate requirements

Recommended timeline: Institutions should complete policy updates within 3–6 months to avoid unnecessary delays for customers.

Practical Decision Tree for Families and Advisors

Step 1: Assess Your Situation

Do you have a will?

Yes → Proceed to Step 2
No → Succession governed by personal law; succession certificate or letters of administration may be needed

Step 2: What Assets Are Involved?

Primarily Immovable Property (Land, Buildings)

High value or commercial → Consider voluntary probate for marketability
Low to medium value, uncontested → Direct proof in civil/revenue proceedings likely sufficient
Check local sub-registrar requirements for title registration

Primarily Financial Assets (Bank Accounts, Shares, FDs, Mutual Funds)

Succession certificate is typically the best option
Most banks will accept properly issued succession certificates
Faster and cheaper than probate

Mixed Estate with Both Types

Evaluate which asset categories justify probate
Consider splitting approach: probate for immovable property, succession certificate for financial assets
Seek legal advice if estate exceeds ₹50 lakhs or involves business interests

Step 3: Are There Disputes or Complications?

Potential challenges to will validity:
- Voluntary probate strongly recommended for judicial determination
- Prevents multiplicity of litigation across different forums
Multiple claimants or family discord:
- Probate provides binding resolution and reduces risk of parallel proceedings
Complex estate with business interests, partnerships, trusts:
- Professional legal advice essential
- Probate may be warranted for comprehensive judicial oversight
Simple, uncontested succession:
- Direct proof or succession certificate usually most efficient

Conclusion: A New Era in Succession Law

The 2025 amendments represent more than technical legal reform—they embody a fundamental shift in how the state views its citizens’ autonomy in managing family inheritance. By converting probate from a compulsory control mechanism into a voluntary strategic tool, Parliament has:

Ended a century of colonial-era geographic discrimination
Reduced unnecessary costs and delays for ordinary families
Honored the principle of equality before law
Trusted citizens to choose appropriate mechanisms based on their circumstances
Retained probate as a valuable option for complex estates

The reform’s success depends on implementation. Courts, institutions, and legal professionals must embrace the spirit of the change—facilitating access to legitimate inheritance rather than erecting procedural barriers.

For Meera and millions like her, the message is clear: accessing your inheritance should not require navigating a colonial maze. The law now serves families rather than controlling them.

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