The provision under the Indian Succession Act, 1925 requiring a probate to be obtained under Section 213 was effectively the Court saying the same. The Indian Government recently passed the Repealing and Amending Act, 2025, which contains a key change that is relevant in the context of succession planning. One key factor always examined during succession planning was the fact whether the Will is executed in any of the erstwhile presidency towns of Bombay, Calcutta or Madras, or if the Will dealt with any properties situated in these locations. If either of the conditions were true, it meant that a ‘probate’ of the Will would be necessary. Probate is a copy of a Will certified under the seal of a Court.
The article was authored by Raj Ramachandran, Partner, was published in ET Edge Insights.
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Raj specializes in Corporate Commercial, Banking & Finance and Cross Border Investments & Acquisitions.