In a major step toward judicial reform, ease of living, and decolonising Indian laws, Parliament has ushered in far-reaching changes to the Indian Succession Act, 1925 through the Repealing and Amending Act, 2025, passed by both Houses in December 2025.
The amendments strike at long-criticised colonial-era provisions that made inheritance through Wills expensive, time-consuming, and geographically discriminatory, especially for ordinary families dealing with modest assets.
Removing Colonial Barriers to Inheritance
The core objective of the 2025 reform is clear: simplify the process of establishing rights under a Will and eliminate unequal legal burdens based on geography and community.
For decades, beneficiaries under Wills faced procedural obstacles that often forced them into prolonged probate litigation, even where disputes were absent. The latest amendments aim to correct this imbalance and bring uniformity and fairness to succession law.
Section 213 Omitted: Probate No Longer a Mandatory Gatekeeper
What Section 213 Earlier Required
Before the amendment, Section 213 mandated that 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 provision created three major problems:
- Mandatory Probate – Even uncontested Wills often required probate.
- Geographic Discrimination – The rule applied only where:
- The Will was executed within the Ordinary Original Civil Jurisdiction of the High Courts of Calcutta, Madras, and Bombay, or
- The immovable property was situated within those limits.
- The Will was executed within the Ordinary Original Civil Jurisdiction of the High Courts of Calcutta, Madras, and Bombay, or
- Community-Specific Application – The provision disproportionately affected Hindus, Buddhists, Sikhs, and Jains, while not operating uniformly across all communities.
What Has Changed in 2025
- The mandatory probate requirement has been omitted.
- Establishing rights under a Will no longer requires probate as a statutory pre-condition.
- The outdated “Presidency Towns” framework has effectively been dismantled.
During the parliamentary debate, Union Law Minister Arjun Ram Meghwal acknowledged that Section 213 reflected a colonial mindset and operated unequally across regions and communities. The amendment, he stated, brings uniformity and fairness to succession law nationwide.
Section 370 Amended: Easier Succession Certificates for Heirs
Earlier Legal Position
Section 370 restricted courts from granting Succession Certificates for debts or securities (such as bank balances, fixed deposits, or shares) where probate or Letters of Administration were required under Sections 212 or 213.
In practice, this meant families were often blocked from accessing even small financial assets unless they first undertook probate proceedings.
Impact of the Amendment
- Restriction Diluted: With the removal of mandatory probate under Section 213, the corresponding bar under Section 370 becomes largely redundant.
- Simpler Access to Assets: Legal heirs can now obtain Succession Certificates for debts and securities without being forced into probate litigation.
- Targeted Application: Section 370 will now apply only in limited, specific situations instead of acting as a blanket prohibition.
This change is expected to significantly reduce litigation, costs, and delays—particularly in cases involving modest estates.
From Mandatory to Voluntary Court Validation
The 2025 reform represents a fundamental shift in succession law philosophy:
- Earlier: Court validation through probate was compulsory in many cases.
- Now: Probate becomes optional, not mandatory.
Beneficiaries may still choose probate where they seek:
- Clear marketable title,
- Higher evidentiary certainty, or
- Protection against future disputes.
However, for countless families, court approval is no longer a legal hurdle imposed by default.
A Step Toward Real “Ease of Living”
By removing archaic procedural barriers, the Repealing and Amending Act, 2025 aligns succession law with modern realities. The reform reduces unnecessary court intervention, promotes uniform application of law across India, and ensures that inheritance does not become a legal ordeal simply because of historical colonial constructs.
In effect, Parliament has signalled that inheritance should be governed by clarity and consent—not complexity and compulsion.
