Probate of Will in India: Is It Still Required ? (Simple Guide)

Many people in Thane and Navi Mumbai are confused after recent news reports saying that mandatory probate of Will has been ‘scrapped’.Does this mean Probate is no longer required?Does a Will work without probate?Will banks and societies still ask for it?

Probate of Will in Thane and Mumbai: mandatory vs practical importance explained

What Is Probate of a Will?

Probate is a court-issued certificate confirming that a Will is genuine and legally valid.It authorises the executor named in the Will to manage and distribute the deceased person’s assets.

In legal terms, Probate is a judicial confirmation of a Will.

What Has Changed Recently?

✅ Mandatory probate has been removed by law

The Government amended the Indian Succession Act, 1925, removing the requirement of mandatory probate for Wills made by:

• Hindus

• Buddhists

• Jains

• Sikhs

in the former Presidency towns like Mumbai.

The Government amended the Indian Succession Act, 1925, removing the requirement of mandatory probate for Wills made by Hindus, Buddhists, Jains and Sikhs in former Presidency towns.

This change has caused widespread confusion — especially in Maharashtra.

👉 This change was made by Parliament.

Why Mumbai and Thane Are Treated Differently

📍 Mumbai

• Mumbai is a former Presidency Town

• Earlier, probate was statutorily mandatory for certain Wills

• That mandatory requirement has now been removed by Parliament

📍 Thane

• Thane was never a Presidency Town

• Probate was never compulsory by law in Thane

• Even before the amendment, rights under a Will could be claimed without probate
  

What the Supreme Court Has Clarified

The Supreme Court of India has consistently held that:

• A Will does not become invalid simply because Probate has not been obtained

• Probate is not compulsory unless the law specifically requires it

• Probate is a mode of proof, not the source of the Will’s validity

Importantly, the Supreme Court has never said that probate is useless or irrelevant.

So, Is Probate Still Important? (The Practical Reality)

Yes — very much so, especially in Maharashtra.

Even after the amendment, Probate is often practically required by:

• Banks (for release of large balances)

• Housing societies (for transfer of flats)

• Sub-registrars (for mutation of property)

• Developers (for redevelopment matters)

• Purchasers (for clean and marketable title)

This is because Probate proceedings are “in rem”, meaning they bind everyone and prevent future disputes.

When Probate Is Strongly Advisable

Probate is not mandatory in every case, but it is strongly recommended when:

• The property is located in Mumbai, Thane or Navi Mumbai

• There are multiple legal heirs

• The property is high-value

• There is any chance of dispute

• The property may be sold or redeveloped in the future

• Institutions insist on court validation

Skipping probate may save time initially, but it often creates serious complications later.

Common Misunderstanding Explained Simply

❌ “Probate is no longer needed” ✅ “Probate is no longer compulsory in all cases, but remains the strongest legal proof of a Will.”

This distinction is crucial.

Should You Opt for Voluntary Probate?

As also noted in recent legal commentary, voluntary Probate is still a smart legal step if you want:

• Dispute-free transfer of property

• Acceptance by banks and societies

• Peace of mind for your family

• Protection against future legal challenges
  

Conclusion

Probate remains one of the safest legal tools to ensure smooth succession and avoid litigation.

If you are dealing with inheritance, property transfer, or execution of a will in Thane or Navi Mumbai, taking early legal advice can prevent years of disputes. Professional legal guidance can help you decide whether probate is necessary in your specific case.