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A probate is a court-certified copy of a Will that establishes its authenticity and validates the executor's authority. Historically, the Indian Succession Act mandated probate for specific communities (e.g., Hindus, Parsis) residing in or holding assets in Mumbai, Chennai, or Kolkata. Significantly, the Repealing and Amending Act 2025 removes this mandatory requirement effective January 1, 2026, aiming to unify legal provisions across communities. While this amendment is prospective and does not affect pending proceedings, practical challenges likely persist. Institutions like housing societies may still insist on probate or indemnity bonds to avoid liability in family disputes. Furthermore, while the right to apply for probate is viewed as “continuous” courts generally apply a three-year limitation period from when the right accrues. Consequently, Living Trusts are recommended as a safer alternative to unprobated Wills.
INTRODUCTION
“Where there is a Will, there is a Relative,
Where there is a Relative, there is a Dispute,
And where there is a Dispute, there is a Probate.”
The above quote is the reality of several succession/inheritance cas
