Parliament has enacted the Repealing and Amending Act, 2025. Among other amendments, it has amended Indian Succession Act, 1925 to remove mandatory probate requirements based on geography and religion. The pre-existing legal status normalized unequal treatment among citizens. The gazette notification is awaited. It simplifies inheritance and estate planning across the country.
Probate is a court order that certifies the validity of a will and authorises the executor to distribute the deceased’s assets. A will—be it handwritten, typed, or registered—is legally valid on its own. Probate adds an extra layer of certainty because a court supervises the process.
The executor or beneficiaries approach a specified court, which issues notices to legal heirs. If no objections are raised, the court grants probate. Once issued, it is a strong safeguard against future disputes. It is difficult to challenge.
Probate has always been voluntary and is often obtained when families anticipate disputes or when institutions insist on it before transferring assets. But there used to be situations, where it was mandatory.
Probate applications are generally required to be filed within three years from the first formal repudiation of the will. If the deadline/timeline is missed, it weakens legal remedies.
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