In a landmark reform, the Parliament has repealed Section 213 of the Indian Succession Act, 1925 through the Repealing and Amending Act, 2025, which received the President’s assent and came into force on 21 December 2025. This amendment has generated considerable discussion, and in some quarters, misunderstanding, regarding the necessity of probate for enforcing rights under a Will.

What the Law Earlier Required

Under the erstwhile Section 213, no right as an executor or legatee could be established in any court unless probate or letters of administration were obtained from a competent court. This requirement applied primarily in the former presidency towns of Mumbai, Chennai, and Kolkata and covered Wills executed by Hindus, Sikhs, Jains, Buddhists, and Parsis.

Effect of the Repeal

With the omission of Section 213, probate is no longer a statutory precondition for establishing rights under a Will in these jurisdictions. A common........

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