Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai

The following is general information on probate is no longer mandatory in mumbai, kolkata, and chennai under Indian law.

A 2025 legislative change that removed the probate requirement for wills in India's three Presidency towns.

The legal position

The Repealing and Amending Act 2025 omitted s.213 of the Indian Succession Act, which had made probate mandatory for wills made by certain persons within the local limits of the former Presidency towns of Mumbai, Kolkata, and Chennai.

Typically, probate is a court process that formally proves a will and confirms the executor's authority to administer the estate. Even where it is not mandatory, banks, registries, and other institutions sometimes still ask for it, or for a simpler alternative such as a succession certificate or letters of administration, depending on what is being transferred.

Generally speaking, this change does not affect the requirement, where applicable under other personal laws or in other parts of India, to obtain a succession certificate for movable assets like bank accounts, where there is no will.

Common pitfalls

A few points are easy to get wrong.

• Assuming probate is still legally required in these three cities — the mandatory requirement was removed by the 2025 omission of s.213.
• Overlooking that obtaining probate can still be practically useful in some situations even where it is no longer mandatory, for example to make dealing with banks or registries easier.
• Confusing probate (which proves a will) with a succession certificate (which deals with a deceased person's debts and securities where there is no will) — they serve different purposes.

For related reading, see Dying With and Without a Will: How Succession Differs and A Daughter's Right as a Coparcener Under Hindu Succession Law.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This overview is general information, not legal advice. Procedures and local practice can differ, so a specific review of your matter is advisable before acting.