Probate is a certified copy of a will issued under the seal of a competent court, together with a grant of administration to the executor named in the will, establishing the will's authenticity and the executor's authority to administer the deceased's estate. Under Indian law, probate is governed by Sections 213-223 of the Indian Succession Act, 1925, though the mandatory requirement for probate under Section 213 was omitted by the Repealing and Amending Act, 2025.
Legal definition
Section 213 of the Indian Succession Act, 1925 (prior to its omission in 2025) provided:
Section 213(1): No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed.
Section 222 describes the legal effect of probate:
Section 222: Probate of a Will when granted establishes the Will from the death of the testator, and renders valid all intermediate acts of the executor as such.
2025 Amendment: The Repealing and Amending Act, 2025 (which received Presidential assent on 20 December 2025) omitted Section 213 from the Indian Succession Act, 1925. This means probate is no longer mandatory for establishing rights under a will in most jurisdictions. However, probate remains available as an optional process and continues to be valuable for resolving disputes about a will's authenticity.
How courts have interpreted this term
Clarence Pais v. Union of India [(2001) 3 SCC 445]
The Supreme Court upheld the constitutional validity of Section 213 of the Indian Succession Act. The petitioners, Indian Christians from Karnataka, challenged the provision as discriminatory. The Court held that Section 213 was not unconstitutional, clarifying that it applied to specific classes of wills based on geographical and historical criteria — not on religious grounds. The Court noted that the requirement was a procedural safeguard to prevent fraud and ensure authenticity of testamentary documents.
Chiranjilal Shrilal Goenka v. Jasjit Singh [(1993) 2 SCC 507]
The Supreme Court held that a probate proceeding is a proceeding to establish the genuineness of the will. The Court clarified that in probate proceedings, the court is only concerned with whether the will was duly executed by a person of testamentary capacity, and not with questions of title to property or construction of the terms of the will.
Savithri v. Karthyayani Amma [(2007) 10 SCC 197]
The Court held that probate is conclusive evidence of the validity and due execution of the will unless it is revoked. Once probate is granted, no person can challenge the validity of the will in any other proceedings, except by seeking revocation of the probate itself.
Why this matters
Probate has historically served as a critical safeguard in Indian property law, providing judicial authentication of wills and reducing the risk of fraud. Banks, land registrars, and other institutions routinely required probate before recognising the rights of executors or legatees, particularly in the three Presidency towns of Kolkata, Mumbai, and Chennai where Section 213 was most frequently applied.
Following the 2025 amendment omitting Section 213, the legal landscape has shifted significantly. Probate is no longer mandatory, which means families can act on a deceased person's will without first approaching a court. This is expected to reduce litigation costs, save time, and ease the burden on courts. However, where the authenticity of a will is disputed or where multiple wills exist, obtaining probate remains a prudent course of action.
Practitioners should note that even after the 2025 amendment, some states and institutions may continue to require probate or equivalent documentation as part of their internal processes. Financial institutions in particular may still insist on probate before releasing assets of a deceased person, especially for high-value estates. For estates involving property in multiple states, a single probate from a competent court simplifies the transfer process considerably.
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Frequently asked questions
Is probate mandatory in India after 2025?
No. The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, which had required probate before rights under a will could be established in court. Probate is now optional. However, it remains advisable where the will's authenticity may be disputed or where institutions require judicial validation before releasing assets.
How long does the probate process take?
The probate process typically takes 6 to 18 months from the date of filing the petition, depending on the court's workload and whether any objections are raised. If the will is uncontested, the process is faster. Contested probate proceedings can take several years, particularly if the matter involves complex factual disputes about the testator's mental capacity or the will's execution.
Who can apply for probate?
Only the executor named in the will can apply for probate. If the will does not name an executor, or if the named executor has predeceased the testator or refuses to act, then the beneficiaries must apply for Letters of Administration with the will annexed under Section 218 of the Indian Succession Act, 1925.
What is the difference between probate and letters of administration?
Probate is granted to the executor named in the will and confirms both the will's validity and the executor's authority. Letters of administration are granted when the deceased has died intestate (without a will) or when the will does not name an executor. Probate confirms an existing appointment; letters of administration create a new one.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.