Hi, Readers,
A Long-Overdue Reform: Parliament Abolishes Mandatory Probate – A Step Towards Simplified Succession
In a significant and much-needed reform, Parliament has passed the Repealing and Amending Bill, 2025, putting an end to the colonial-era rule of mandatory probate for wills made by Hindus and certain other communities in Mumbai, Chennai, and Kolkata.
For decades, this anomaly—rooted in British administration—created an unnecessary procedural burden. Even undisputed wills required probate, leading to delays, added costs, and avoidable litigation. Ironically, the same requirement did not apply uniformly across the rest of India.
By abolishing this mandatory requirement, the amendment brings clarity, uniformity, and practicality to Hindu succession laws. Families can now act on valid wills without being forced into court proceedings, unless a dispute genuinely arises.
Equally important is the broader intent of the legislation. By repealing 71 obsolete laws, Parliament has taken a clear step towards:
- Modernising inheritance and succession laws
- Reducing religious and regional disparities
- Enhancing ease of living and access to justice
From a practitioner’s perspective, this amendment will substantially reduce probate-driven litigation while allowing courts to focus on genuine disputes rather than procedural formalities.
This reform is a reminder that law must evolve with society—and that removing outdated legal baggage can be as impactful as introducing new rights.
