Here is a general overview of common questions on probate is no longer mandatory in mumbai, kolkata, and chennai under Indian law.
Before the frequently asked questions
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.
As a general rule, 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.
Frequently asked questions
Do I still need probate for a will in Mumbai, Kolkata, or Chennai?
Not as a strict legal requirement. The Repealing and Amending Act 2025 removed the mandatory probate requirement under s.213 of the Indian Succession Act for these three cities, though it can still be practically useful to obtain in some situations.
For a fuller explanation, see Dying With and Without a Will: How Succession Differs and A Daughter's Right as a Coparcener Under Hindu Succession Law.
Where this applies to a live matter, it is usually worth discussing it in a consultation before acting.
This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.