Bill No 193 of 2025 is presented in the parliament. It proposes to repeal several Acts. In second Schedule of the said bill amongst others Indian Succession Act 1925 Section 213 is proposed to be deleted. This Amendment is proposed on the basis of 209th Law Commission Report of June 2008 presented by erstwhile Law Minister Mr.H.R.Bhardwaj.

BACKGROUND :

The Indian Succession Act 1925 was amended by (Amendment) Act, 2002 (26 of 2002). Sections 32 (devolution of such property) and 213 (right as executor or legatee when established) of the Indian Succession Act, 1925. Explanation to section 32 was omitted relieving thereby a Christian widow of the bar to succeed distributive share of her  husband’s estate even if there was a valid contract made to that effect before her marriage. The words “or Indian Christians” after the word

 “Muhammadans” in sub-section (2) of section 213 were inserted. The   opening portion of the said sub-section (2) now reads thus: “(2) This section shall not apply in the case of wills made by Muhammadans or Indian Christians and shall only apply – ……..”

 The result is that the provision of sub-section (1) of section 213 which necessitates grant of probate of the will or letters of  administration with the will or with a copy of an authenticated copy  of the will annexed, by a Court of competent jurisdiction in order to  establish the right as executor or legatee is now not applicable to the wills made not only by Muhammadans but also by Indian Christians.

 But this provision continues to apply in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in   clauses (a) and (b) of section 57, i.e., wills and codicils  made by any Hindu, Buddhist, Sikh or Jaina on or after  the 1st day of September, 1870, within the territories   which at the said date were subject to the Lieutenant- Governor of Bengal or within the local limits of the  ordinary original civil jurisdiction of the High Courts of  Judicature at Madras and Bombay and all such wills and codicils made outside those territories and limits so far as  they relate to immovable property situate within those territories or limits; and  (ii)   in the case of wills made by any Parsi dying after the commencement of the Indian Succession (Amendment) Act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay and where  such wills are made outside those limits, insofar as they relate to immovable property situate within those limits.  The exemption in respect of the wills made by Muslims under the parent Act was due to the Muslim Personal Law. The stipulation imposed under the unamended section 213 of the Act in respect of wills made by any Indian Christian, Hindu, Buddhist, Sikh or Jaina was the legacy of the colonial rule, which was extended to Parsis in 1962. The discrimination against the wills executed by the Indian Christians has now been removed by the 2002 Amendment on an All-India basis.

There is discrimination in respect of wills made by Hindus, Buddhists, Sikhs, Jainas or Parsis, where such wills are made within the territories of the ordinary original civil jurisdiction of the High Courts of Judicature at Calcutta, Madras and Bombay and where such wills are made outside those territories insofar as they relate to immovable properties situate within those territories. There is no rationale in insisting upon the obtaining of probate or letters of administration in respect of wills executed by Hindus, Buddhists, Sikhs, Jainas and Parsis in respect of the property situate outside those limits. Since there is no uniformity in the application of section 213 insofar as it relates to the Muslims and Christians on the one hand and Hindus, Buddhists, Sikhs, Jainas and Parsis on the other, the Commission has resolved to recommend for the repeal of section 213 altogether      from       the     statute     and      remove    the disuniformity/discrimination and attain uniformity. There does not appear to be any earthy reason to ignore the claim to equality of the major section of the people of India, the Hindus etc. Article 15 of the Constitution of India states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Prior to proposed Amendment : if a person dies in Mumbai leaving behind immovable property in Gujarat, probate is generally NOT mandatory for the Gujarat property for Hindus, Buddhists, Sikhs, or Jains, as probate is only compulsory for Wills concerning property in Mumbai, Kolkata, or Chennai (Presidency Towns). Probate Law is applicable to Delhi,Mumbai,Calcutta and Madras.

Now it is optional for entire India. 

Section 213 reads as under:

  1. Right as executor or legatee when established.—(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 3 [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.

(2) This section shall not apply in the case of wills made by Muhammadans 2[or Indian Christians], and shall only apply—

(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and

(ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits of the 3[ordinary-original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.]

STATE AMENDMENTS

Karela.— Amendment of section 213.—In sub-section (2) of section 213 of the Indian Succession Act, 1925 (Central Act 39 of 1925), after the word ‘Muhammadans’, the words ‘or Indian Christians’ shall be inserted. The repeal of Section 213 shall terminate the discrimination of law. How if you read the Law of 1925 it is applicable to Hindus, Sikhs, Jains and Baudh.

On 22.2.2001, a Bench of the Supreme Court of India (Rajendra Babu and Lahoti, JJ.) delivered judgment in W.P.(C) No.137 of 1997 and connected cases. The same is reported in AIR 2001 SC 1151 and 2001-4-SCC-325. The claim made by the petitioners in the said case, in the main, was that just as Muslims and Parsis have been exempted from the operation of section 213, Indian  Christians of this country should also enjoy the same exception and that it should be so declared.

Though the prayer came to be rejected by the Bench, it is found that the Indian Parliament lost no time in conceding the request and obliging a significant section of our country’s citizens, namely, Christians.

What is sauce for the goose is (or at least, must be!) sauce for the gander too.

There does not appear to be any earthy reason why Parliament or the concerned Ministry of the Union Cabinet came to ignore the claim to equality of the major section of the people of India, the Hindus and enable them to be freed from the shackles.

EFFECT:

If the Bill is passed and gets Presidents assent, than it will become an Act. Its date of application will be notified. Once date is notified it will be optional to obtain Probate/Letters of Administration.  In absence of Will,the succession will be passed on the basis of personal law. Hindu Succession Act has made it clear that all siblings would get equal rights. So the succession would automatically transmit as per personal laws. This is also first step towards Uniform Civil Code. If there is Will Probate is optional and Executor can administer the Assets without applying for Probate.  

file:///C:/Users/Admin/Downloads/1737459697644.pdf this link is to the SEBI Nomination Rules. It now doesn’t require succession certificate. The assets in Bank would transfer to the Nominees.

Recently Maharashtra Co-operative Societies Act 1960 is amended in 2019. By this amendment obtaining Probate is not mandatory. https://shrutidesai.in/can-we-transfer-a-flat-in-a-housing-society-without-obtaining-a-probate-if-yes-how/