In a major step toward judicial reform, ease of living, and decolonising Indian laws, Parliament has ushered in far-reaching changes to the Indian Succession Act, 1925 through the Repealing and Amending Act, 2025, passed by both Houses in December 2025.
The amendments strike at long-criticised colonial-era provisions that made inheritance through Wills expensive, time-consuming, and geographically discriminatory, especially for ordinary families dealing with modest assets.
The core objective of the 2025 reform is clear: simplify the process of establishing rights under a Will and eliminate unequal legal burdens based on geography and community.
For decades, beneficiaries under Wills faced procedural obstacles that often forced them into prolonged probate litigation, even where disputes were absent. The latest amendments aim to correct this imbalance and bring uniformity and fairness to succession law.
Before the amendment, Section 213 mandated that no right as an executor or legatee could be established in any court unless Probate or Letters of Administration were obtained from a competent court.
This provision created three major problems:
During the parliamentary debate, Union Law Minister Arjun Ram Meghwal acknowledged that Section 213 reflected a colonial mindset and operated unequally across regions and communities. The amendment, he stated, brings uniformity and fairness to succession law nationwide.
Section 370 restricted courts from granting Succession Certificates for debts or securities (such as bank balances, fixed deposits, or shares) where probate or Letters of Administration were required under Sections 212 or 213.
In practice, this meant families were often blocked from accessing even small financial assets unless they first undertook probate proceedings.
This change is expected to significantly reduce litigation, costs, and delays—particularly in cases involving modest estates.
The 2025 reform represents a fundamental shift in succession law philosophy:
Beneficiaries may still choose probate where they seek:
However, for countless families, court approval is no longer a legal hurdle imposed by default.
By removing archaic procedural barriers, the Repealing and Amending Act, 2025 aligns succession law with modern realities. The reform reduces unnecessary court intervention, promotes uniform application of law across India, and ensures that inheritance does not become a legal ordeal simply because of historical colonial constructs.
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