Mandatory Probate Removed for Wills in Mumbai, Chennai, Kolkata But Experts Recommend Caution

The government has eliminated the mandatory probate requirement for certain communities in Mumbai, Chennai, and Kolkata, marking the end of a colonial-era legal provision that created geographical disparities in inheritance processes. Beneficiaries from Hindu, Sikh, Jain, Buddhist, and Parsi communities can now act on valid Wills without mandatory court approval in these three cities.

Legal Reform Addresses Historical Inequality

The amendment removes what legal experts describe as an outdated bottleneck that disproportionately affected families based solely on geography. Shweta Tungare, co-founder of LawTarazoo, explained that this colonial-era rule had outlived its purpose and created unequal treatment across cities, where two families with identical estates faced very different legal processes purely because of location.

Rishabh Shroff, partner and co-head of private client at Cyril Amarchand Mangaldas, highlighted the practical impact of the change, noting that probate delays of over a year were common in Mumbai. The reform removes the burden on widows and children who previously had to wait extended periods to access family assets through no fault of their own.

Streamlined Inheritance Process

With the mandate removed, heirs can now approach banks, registrars, and housing societies directly with essential documents including the Will, death certificate, KYC documents, and indemnities. This process aligns with procedures already followed in most parts of the country, eliminating the need for families with undisputed estates to navigate complex legal proceedings.

Shraddha Nileshwar, head of Will and estate planning at 1 Finance, emphasized that even families with no disputes were previously forced into lengthy legal processes involving court petitions and public notices, with simple successions routinely delayed by six months to over a year.

When Probate Remains Essential

Despite the removal of mandatory requirements, legal experts stress that probate continues to serve as an important safeguard in several critical situations:

Unnatural Dispositions and Complex Estates

Adhiraj Harish, partner at D.M. Harish & Co, strongly advises probate when Wills make "unnatural" dispositions that sideline legal heirs. For instance, when a person leaves behind a spouse and children but bequeaths most of the estate to siblings or friends, probate protects beneficiaries by confirming valid execution and reducing potential objections.

Multi-State and Cross-Border Assets

Probate becomes particularly valuable when assets span multiple states, as administrative practices vary widely and local authorities often hesitate to rely on unprobated Wills executed elsewhere. For cross-border inheritance, probate serves as what Tungare describes as "the golden ticket for cross-border asset management," with foreign banks and authorities often refusing to recognize simple Indian Wills without court seals.

Institutional Practices and Practical Considerations

Banks, depositories, and mutual fund houses may continue requesting probated Wills despite the legal change, operating under internal risk and audit policies. Financial institutions often demand court orders to reduce liability if disputed heirs later surface to contest transfers.

Additionally, overlaps with other legislation may create practical demands for probate. Under the Maharashtra Co-operative Societies Act, 1960, housing societies can transfer deceased members' property based on various documents, but may still require probate for flat ownership transfers until rules align with the amended succession law.

Probate Process and Costs

Obtaining probate involves filing petitions with appropriate courts, typically high courts in metropolitan cities or district courts elsewhere. The process includes notices to legal heirs, public notice publications, and formal court verification. In uncontested cases, probate typically requires several months depending on court workload, with lawyer fees additional to court charges.

Registration Versus Probate Distinction

Many individuals mistakenly assume Will registration provides the same protection as probate, but these serve distinct legal purposes. Registration occurs during the testator's lifetime and helps establish document existence while reducing fabrication allegations, but does not validate the Will or prevent post-death challenges.

Probate represents a post-death judicial process where courts examine Wills, hear objections, and formally confirm validity and executor authority. Once granted, probate operates as strong legal proof and significantly narrows scope for future disputes, providing conclusive legal establishment rather than mere authenticity support.

The removal of mandatory probate requirements represents significant progress in modernizing inheritance law and eliminating geographical inequities. However, for valuable estates, multi-jurisdictional assets, or potentially contested successions, probate remains the most secure method for ensuring clear and lasting wealth transfer.