Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai: An Illustrative Scenario

The situation below is a composite illustration, not an account of an actual client matter, and is used here only to show how the law applies to a common set of facts.

The illustrative scenario

The question

The question most people in this position want answered is:

How the general rule applies

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.

Typically, 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.

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.

What often gets missed in situations like this

• 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.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai, 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.