In a landmark reform, the Parliament has repealed Section 213 of the Indian Succession Act, 1925 through the Repealing and Amending Act, 2025, which received the President’s assent and came into force on 21 December 2025. This amendment has generated considerable discussion, and in some quarters, misunderstanding, regarding the necessity of probate for enforcing rights under a Will.
What the Law Earlier Required
Under the erstwhile Section 213, 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 requirement applied primarily in the former presidency towns of Mumbai, Chennai, and Kolkata and covered Wills executed by Hindus, Sikhs, Jains, Buddhists, and Parsis.
Effect of the Repeal
With the omission of Section 213, probate is no longer a statutory precondition for establishing rights under a Will in these jurisdictions. A common misconception has now emerged that mere production of a Will is sufficient for automatic transmission of assets to the beneficiaries named therein.
Why a Will Alone May Not Be Enough
This interpretation, however, is an oversimplification and may not hold true in practice. The repeal of Section 213 does not, by itself, guarantee that all assets can be transmitted solely on the basis of an unprobated Will, nor does it conclusively perfect title in favour of the beneficiary.
Institutional Rules Still Apply
The practical reality is that asset transmission is often governed not only by succession law but also by the internal regulations of institutions holding or administering such assets. A pertinent example is that of co-operative housing societies governed by their respective Bye-laws and the Maharashtra Co-operative Societies Act, 1960.
Co-operative Societies and Probate
Many societies traditionally require production of a probated Will or letters of administration for transfer of flats, shares, or membership upon the death of a member. These Bye-laws, which pre-date the 2025 amendment, are designed to safeguard the society’s records and title documentation.
Substantive Rights vs Procedural Compliance
Consequently, even though succession law no longer mandates probate, co-operative societies may continue to insist on probate or similar documents unless and until their Bye-laws are amended. This creates a distinction between substantive inheritance rights and procedural requirements for record updation.
Role of Maharashtra Co-operative Societies Act
In this context, Section 154B-13 of the Maharashtra Co-operative Societies Act, 1960 assumes significance. It provides that upon the death of a member, the society may transfer the deceased member’s share, right, title, and interest on the basis of (i) testamentary documents, (ii) a succession certificate, (iii) a legal heirship certificate, (iv) a family arrangement document, or (v) nomination.
Discretion of the Managing Committee
The expression “testamentary document” would include a Will. However, where multiple legal heirs exist, societies may require consent affidavits and indemnities from all heirs, whether or not they are named in the Will. Further, if the Bye-laws so provide, societies may still insist on probate despite the repeal of Section 213.
What Lies Ahead
Ultimately, the satisfaction of the managing committee and, where applicable, the general body of the society remains paramount. They may demand additional documentation to protect the society from future disputes. The legal implications of nomination and the impact of the repeal of Section 213 on transfer of shares to the IEPF will be examined in a subsequent article.
(The author is a practicing Advocate in the Bombay High Court; he can be contacted at info@tijoriwalaco.com)
