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The Repealing and amending Act 2025: Big #news for this year #law #trending #breakingnews

Dec 26, 2025
The Repealing and Amending Act, 2025 has made probate of wills a voluntary choice rather than a mandatory legal requirement in India. The key highlight is the omission of Section 213 of the Indian Succession Act, 1925, which previously compelled executors and beneficiaries in certain cities (specifically Mumbai, Chennai, and Kolkata) to obtain court certification for a will to be enforceable.  The Act removes the statutory compulsion to obtain probate or letters of administration to establish rights under a will, ending a colonial-era rule that applied based on a person's religion and the will's geographical location of execution or property (the former Presidency towns of Mumbai, Chennai, and Kolkata). This reform simplifies the inheritance process, potentially reducing significant delays (previously months to years), high court fees, and extensive paperwork for beneficiaries of uncontested wills. While no longer mandatory, probate remains an available and robust legal mechanism. Legal experts suggest it is still a prudent choice in cases involving high-value estates, immovable property, complex family dynamics, or potential disputes, as it provides conclusive judicial proof of the will's validity and the executor's authority. The change shifts the burden of certainty from the courts to private actors and legal advisors. Proper drafting, clear execution, credible witnesses, and consistency with nominations and account records become crucial to prevent future challenges to a will's validity. Entities like co-operative housing societies, banks, and transfer agents (RTAs) are required to update their policies and bye-laws. They must now assess wills with other supporting documents and indemnities, using a risk-based approach rather than a blanket demand for probate. Visit our website: www.commercyon.com Email: [email protected] #law #legal #education #trending #news #educational #breakingnews #parliament #loksabha #rajyasabha #modi #bjp #congress

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