Section 213 Is Gone: Buying a Mumbai Flat Inherited Under a Will Without Probate

For more than a century, a Mumbai flat that passed under a Hindu family member's will came with an extra document attached: a probate order from the High Court. Section 213 of the Indian Succession Act, 1925 said that no right as executor or legatee could be established in any court unless probate had been granted, and Section 57 made that rule bite on wills made within the original civil jurisdiction of the Bombay High Court. The Press Information Bureau's factsheet on the Repealing and Amending Act, 2025, dated 1 January 2026, lists the "Removal of Section 213 of the Indian Succession Act" among four targeted amendments.

For a buyer looking at a resale flat in Mumbai whose seller inherited it under a will, that change matters. This guide explains what the old rule did, what the amendment removed, and what a buyer should still ask for. It is not legal advice on any specific title.

The short answer. The Repealing and Amending Act, 2025 removed Section 213 of the Indian Succession Act, which had required probate before a right under certain wills could be established in court. For wills by Hindus, Buddhists, Sikhs and Jains, that requirement applied to wills of the classes in Section 57, which covered the local limits of the original civil jurisdiction of the Bombay and Madras High Courts and immovable property situated there. Probate itself still exists: an executor can still petition for it, and a grant still "establishes the will from the death of the testator." The trade-off: a seller can now sell sooner without a mandatory court process, but a buyer loses the comfort of a court having examined the will before the sale.

What did Section 213 require for Mumbai wills?

Probate before the will could be relied on in court. The text of Section 213(1), as it stood in the Indian Succession Act, 1925 (modified as on 26 November 2018), read: "No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will."

Section 213(2) narrowed the reach. It said the section did not apply to wills made by Muhammadans or Indian Christians, and applied to wills by Hindus, Buddhists, Sikhs and Jains only where they were of the classes in clauses (a) and (b) of Section 57. Clause (a) covered wills made on or after 1 September 1870 within the territories then under the Lieutenant-Governor of Bengal, or "within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay." Clause (b) covered wills made elsewhere "so far as relates to immoveable property situate within those territories or limits."

In practice, that meant a will dealing with a flat inside those Mumbai limits fell within the rule, even if the will was signed in another city.

What exactly did the 2025 amendment change?

It removed Section 213 from the statute book. The PIB factsheet says the Act makes "four strategic Amendments" to the General Clauses Act, 1897, the Code of Civil Procedure, 1908, the Indian Succession Act, 1925 and the Disaster Management Act, 2005. On succession, it lists the "Removal of Section 213 of the Indian Succession Act, enhancing fairness and uniformity in succession matters by eliminating community-based disparities in probate requirements."

The factsheet also describes a savings clause. It says "past actions, existing rights, and current legal processes remain unaffected" in spite of the repeals and amendments. A probate petition already filed, or a grant already made, is therefore part of that continuity. Whether any particular pending matter is affected is a question for the court and the parties' lawyers.

Is probate now irrelevant when buying an inherited flat in Mumbai?

No. Probate is no longer a mandatory gate under Section 213, but it remains a court-tested proof of the will. Section 227 says probate "establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such." For a buyer, a probated will is still stronger evidence than an unprobated one.

The risk without probate is that a dispute over the will surfaces after you buy. Section 263 lists just causes for revoking even a probate grant, with illustrations including that "the will of which probate was obtained was forged or revoked" and that "since probate was granted, a later will has been discovered." Those same risks exist, and are untested, when no court has looked at the will at all.

Lenders and housing societies set their own documentation requirements. The amendment removed a statutory requirement; it did not, on its own terms, rewrite a bank's legal checklist or a society's transfer process. Ask both, in writing, what they will accept for a flat inherited under a will.

Who is the right seller when a flat passes under a will?

That depends on the will and the family's position, which is why the paperwork matters. Section 211(1) of the Act says the executor or administrator of a deceased person "is his legal representative for all purposes, and all the property of the deceased person vests in him as such." Section 211(2) adds that for a Hindu, Buddhist, Sikh, Jaina or Parsi, nothing in it vests in an executor property that would otherwise pass by survivorship to some other person.

For a buyer, the practical step is to see the will itself, identify the executor and the legatees, and make sure the persons signing the sale deed are the ones entitled to sell under it. If the flat was jointly owned, or if other heirs have a claim, their position needs to be checked. Our guide to how lenders release property documents to legal heirs covers the loan side, and our explainer on what happens when a flat buyer dies before possession covers under-construction homes.

What should a Mumbai buyer ask for before buying a flat inherited under a will?

The will, the people, and proof that nobody else has a claim. Use this list as a starting point with your lawyer:

1. A copy of the will and the death certificate of the testator, and whether the will was registered.
2. Whether probate was obtained, applied for, or not sought, and copies of any court papers.
3. The names of the executor and every legatee, and confirmation that all who must sign the sale deed will sign.
4. A public notice inviting objections, and a search for any pending litigation over the flat or the will.
5. The lender's written list of documents it will accept for a flat inherited without probate.
6. The housing society's written requirements for transferring the share certificate and membership.
7. An indemnity from the sellers in the sale deed covering claims under any other will or by other heirs.

Does this change apply outside Mumbai?

The removal of Section 213 is a change to a central Act, so it applies wherever that section applied. Under Section 57 and Section 213(2), the mandatory rule for Hindu, Buddhist, Sikh and Jain wills had a territorial reach centred on the old Bengal territories and the original civil jurisdiction of the Madras and Bombay High Courts. Buyers elsewhere, including in Bengaluru, were generally outside that mandatory rule, but probate was available to them as an option and remains so.

Where there is no will at all, a different section applies. Section 212(1) says no right to an intestate's property can be established in court unless letters of administration have been granted, but Section 212(2) says this does not apply to the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, Indian Christian or Parsi. For a flat that passes without a will under these laws, a buyer's checks therefore centre on identifying every legal heir rather than on a court grant.

The PIB factsheet frames the change as removing "community-based disparities in probate requirements." It does not say anything about stamp duty, registration, or society transfers, and buyers should not read more into the amendment than the factsheet and the Act state.

Frequently asked questions

Is probate still mandatory for a will in Mumbai?

The PIB factsheet on the Repealing and Amending Act, 2025 lists the removal of Section 213 of the Indian Succession Act, which had barred establishing a right as executor or legatee in court without probate for certain wills, including Hindu wills within the Bombay High Court's original civil jurisdiction.

Can an executor still apply for probate after the change?

Yes. The PIB factsheet lists only the removal of Section 213 among the changes to the Indian Succession Act. Section 276 provides for a petition for probate, and Section 227 says a grant of probate establishes the will from the death of the testator and validates the executor's intermediate acts.

Should a buyer still prefer a probated will?

A probated will has been examined by a court, while an unprobated will has not. Section 263 shows the risks courts look for, including a forged or revoked will or a later will being discovered. Buyers should discuss with their lawyer whether to ask the seller to obtain probate.

Does the change affect wills by Muslims or Indian Christians?

Section 213(2) of the Indian Succession Act already said the section did not apply to wills made by Muhammadans or Indian Christians. For buyers dealing with such wills, the removal of Section 213 does not change that position, though the will and the heirs still need to be checked.

This article explains a change to a central law for information only and is not legal advice. Title questions on any specific flat should be reviewed by a lawyer.

Last updated 2026-11-10. PropNewz Team.