The assent of the president was received on 20th December 2025 to an Amendment Act,2025, thereby, repealing section 213 of Indian Succession Act,1925(ISA).
The object behind repeal is to dismantle old and redundant colonial frameworks affecting Indian Succession. Section 213 of ISA mandates that the “Will “ executed within or for properties within the local limits of Mumbai, Delhi, Chennai and Calcutta is invalid unless the competent court of Original Jurisdiction grants probate to it. However, by repealing Act the mandate to grant Probate for “will” executed in above cities stands terminated. It is pertinent to note that in section 213 of IMA it is already mentioned that the section mandate of Probate does not apply to the Wills by Non-Hindus i.e. Muslim, Christian and Parsis even if it has been executed within the local limits of above cities or for properties therein .
Though, the probate is not compulsory for non-Hindus, to authenticate the Wills the courts are empowered to grant probate for “Will” by non-Hindus, in cases where the Executor/beneficiary approaches the court.
The state has not come up with any other rules or legislation to deal with the Wills which are not probated. In a recent judgment Smt. Ambily Jose V. Sub Registrar And Another.,2025 LiveLaw (Ker) 8 the Hon,ble High Court of Kerala directed the Petitioner to execute indemnity Bond to secure the bank from any future allegations after accepting non probated will of Christian. As of now there are no existing rules for authenticating non-probated wills to avoid unnecessary litigation due to forged and fabricated Will.
The Executor/ Beneficiary can approach the probate of Will for authentication through the Court. The repeal of section 213 does not invalidate the process of probate but it has ended the mandate to Probate a will for Metropolitan Cities.