The Indian Succession Act, 1925 is the central statute that says how a will is made and proved, who inherits when there is no will, and how a court grants probate, letters of administration and a succession certificate. The current text is consolidated as on 19 June 2026 and carries twenty-two amending Acts across just over 100 years. Its will rules apply to a Hindu, Buddhist, Sikh or Jaina will through section 57 and Schedule III; its intestacy rules do not apply to those communities at all. The Repealing and Amending Act, 2025 omitted section 213 with effect from 20 December 2025, and amended sections 3(1) and 370 alongside it.

Where a bank, a property authority or a financial institution has asked for probate before it will transfer an asset, the family still has to complete that process, even though no statute now requires it. WillJini's lawyer advises the family on which of the Act's rules apply to the estate, whether the deceased left a valid will, and which court document the office holding each asset will accept, and then assists end to end with the probate if one has been asked for.

What if there was no will?

If the person died without a will, the shares themselves are set out in what happens without a will. If a bank or a registrar has asked for probate, what the probate of a will is explains the grant, and WillJini's probate service assists the family end to end with it. If the person who died was a Hindu and left no will, the Hindu Succession Act decides who inherits; if a Hindu left a will, this Act says how that will is made and proved.

Related guides:

• Writing a will step by step guide
• Validity of a registered will in India
• Legal heir certificate vs succession certificate
• Transfer of property after death with a will in India
• Special Marriage Act inheritance rules

What is the Indian Succession Act, 1925?

The Act defines a will in section 2(h) as "the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death." It defines probate in section 2(f) as "the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator."

The statute is divided into Parts. Part II covers domicile. Part V governs intestate succession, deciding who inherits when a person dies without a will. Part VI covers testamentary succession, setting out how a will is made and executed. Parts VII to XI contain the mechanics of executors, probate, letters of administration, and succession certificates. Section 3(1) lets a State Government exempt "the members of any race, sect or tribe in the State" from sections 5 to 49, 58 to 191, 212 and 215 to 369.

Who does the Indian Succession Act apply to?

The Act applies differently depending on the Part. It provides four separate rules for whom it covers and whom it excludes.

First, for domicile under Part II, section 4 states: "This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina."

Second, for intestate succession under Part V, section 29(1) states: "This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina." Section 29(2) makes Part V the law of India in all cases of intestacy save as provided in sub-section (1) or by any other law.

Third, for testamentary succession under Part VI, section 58(1) states: "The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866." Section 58(2) makes Part VI the law of India for wills except where excluded.

Fourth, section 57 applies Part VI to Hindu, Buddhist, Sikh and Jaina wills. It states that the provisions of Part VI which are set out in Schedule III shall apply, under clause (c), "to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b)". It adds a proviso: "Provided that marriage shall not revoke any such will or codicil."

Schedule III lists the specific sections that apply to these wills. The list includes sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74 to 90, 95, 96, 98, 101 to 116, 117, and 119 to 190. Sections 60, 65, 66, 67, 69 and 72 are not in Schedule III. So for a Hindu, Buddhist, Sikh or Jaina will, section 67, which makes a gift in the will to a person who witnessed it void, does not apply; section 69, under which marriage revokes a will, does not apply; and the rules for privileged wills in sections 65 and 66 do not apply. The Act's rules for wills do not apply to a Muslim.

Parts VII to XI, which cover executors, probate, letters of administration and succession certificates, apply to every community. Sections 212 and 218, on letters of administration, name the communities they treat differently; both are explained below, in the section on an estate where there is no will.

What changed in the Act in 2025 and 2026?

Section 213 of the Indian Succession Act 1925 was omitted by the Repealing and Amending Act, 2025 (Act No. 37 of 2025), section 3 and the Second Schedule, with effect from 20 December 2025. That was the date of the President's assent. The Gazette of India Extraordinary published it on 21 December 2025. A PIB explainer issued on 1 January 2026 outlined the removal.

Section 213 required probate or letters of administration with the will annexed before a right as executor or legatee could be established in any court. For a Hindu, Buddhist, Sikh, Jaina or Parsi will it applied only to a will made within the ordinary original civil jurisdiction of the High Courts of Calcutta, Madras and Bombay, or relating to immovable property within those limits. No statute now requires probate before an executor or legatee can establish a right. The omission changes nothing for the family of a person who died without a will. The rule that applies to them is section 212, which the 2025 Act did not touch.

On 19 June 2026 the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026) set the maximum fine for failing to hand back a revoked probate (section 296(2)) or a superseded or invalid succession certificate (section 389(2)) at Rs 10,000.

Do you still need probate under the Act?

No section of the Act now requires probate. Whether your family needs one depends on who is holding the asset: if the bank, the registrar or the housing society has asked for probate before it will release the asset, the family has to obtain it. Probate is still granted under Part IX, and sections 227 and 273 say what a grant does. Section 227 states: "Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such." Section 273 states: "Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted."

The indemnity in section 273 is why banks, registrars and housing societies still ask for probate. The grant protects anyone who acts on it. Section 222 restricts the grant to an executor appointed by the will, expressly or by necessary implication, so a will that names no executor cannot be probated and the route is letters of administration with the will annexed. Section 223 bars granting probate to a minor, a person of unsound mind, or an association of individuals unless it is a company satisfying the prescribed conditions. The petition itself, the court and the state court fee are covered in what the probate of a will is; WillJini's probate page puts the whole process at about 6 to 12 months, depending on the location, the complexity of the assets and the cooperation of the family.

What does the Act require for a valid will?

The person making the will must be of sound mind and not a minor, and the will must be attested by two or more witnesses in the way section 63(c) sets out. These rules apply to every community except Muslims, and to a Hindu, Buddhist, Sikh or Jaina will through section 57 and Schedule III. Section 59 states: "Every person of sound mind not being a minor may dispose of his property by will." Section 2(e) defines a minor as any person subject to the Indian Majority Act, 1875 who has not attained his majority, and any other person who has not completed the age of eighteen years.

Section 63(c) provides the rule for execution: "The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary."

The drafting itself is covered in the step by step guide to writing a will. The person making the will may register it at the office of the Sub-Registrar, but does not have to: section 18(e) of the Registration Act, 1908 makes registration of a will optional, section 17(1)(b) confines compulsory registration to non-testamentary instruments, and section 49, which applies only to documents section 17 requires to be registered, does not touch a will. Registration is a matter of evidence; it does not make a will valid or invalid.

How does the Act decide an estate where there is no will?

Where the person who died was not a Hindu, Muslim, Buddhist, Sikh or Jaina, Part V decides who inherits, in two separate sets of rules: Chapter II (sections 31 to 49) for everyone except Parsis, and Chapter III (sections 50 to 56) for Parsis. Section 31 states: "Nothing in this Chapter shall apply to Parsis." The shares themselves are set out in what happens without a will.

Under section 32, the property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules contained in Chapter II. Where an Indian Christian dies leaving a widow and no lineal descendants, section 33(b) gives one half of the property to the widow and one half to the kindred. For anyone else Chapter II covers, section 33A gives the widow the first Rs 5,000 of the estate where there are no lineal descendants. Section 33A(5) keeps the property of an Indian Christian out of that rule. Section 2(dd) defines an Indian Christian as a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion. Where the intestate has left a surviving child or children only, section 37 divides the property equally among all the surviving children.

For Parsis, section 51(1) divides the property among the widow or widower and the children so that the widow or widower and each child take an equal share. Where the estate goes to more distant relatives, section 55 gives each male and each female related to the deceased in the same degree an equal share. That has been the rule since 9 December 1991; before it each male took double the share of each female.

Section 212(1) says that no right to any part of the property of a person who died without a will can be established in a court unless letters of administration have first been granted. Section 212(2) then exempts seven communities from that rule: a Hindu, Muhammadan, Buddhist, Sikh, Jaina, Indian Christian or Parsi. Section 218, which says to whom administration may be granted on an intestacy, names five: a Hindu, Muhammadan, Buddhist, Sikh or Jaina, or an exempted person; it does not name Indian Christians or Parsis.

What is a succession certificate under Part X?

A succession certificate covers debts and securities and nothing else; which of the court documents a bank or an office is actually asking for is set out in legal heir certificate versus succession certificate. Section 370(1) states a certificate is granted only "with respect to any debt or security". Section 370(2) exhaustively defines a security as a promissory note, debenture, stock or other security of the Central or a State Government, a stock or debenture of or share in a company or other incorporated institution, a debenture or other security issued by a local authority, or any other security the State Government declares by notification. Schedule VIII, the prescribed form, has two tables, one headed Debts and one headed Securities, and no place to enter land, a house or a flat, which is why a certificate cannot be used for any of them.

The certificate is conclusive with respect to the debts and securities specified in it, empowering the holder to collect those debts and to receive interest or dividends on those securities. Section 214(1) says a court will not pass or execute a decree against a person who owed the deceased money, in favour of someone claiming by succession, unless that person produces one of five documents: a probate or letters of administration; a certificate under section 31 or 32 of the Administrator General's Act, 1913, naming the debt; a succession certificate under Part X naming the debt; a certificate under the Succession Certificate Act, 1889; or a certificate under Bombay Regulation No. VIII of 1827. The 2025 Act did not touch section 214, so a family recovering a debt owed to the deceased still needs one of these five documents.

Under section 371 the application goes to the District Judge for the place where the deceased ordinarily resided at the time of death, or, if the deceased had no fixed place of residence, to the District Judge for any place where part of the property is. A state may give a lower court the District Judge's powers under Part X (section 388), so the application goes to the District Judge or to the court the state has invested with that power. Section 384 provides an appeal to the High Court from an order granting, refusing or revoking a certificate.

How is the Indian Succession Act different from the Hindu Succession Act?

The Hindu Succession Act, 1956 decides who inherits when a Hindu dies without a will, and under its section 6, as rewritten with effect from 9 September 2005, the daughter of a coparcener is a coparcener by birth in the same manner as the son. The Indian Succession Act sets out how a will is made and proved for every community except Muslims, and decides who inherits when a Christian, a Parsi or anyone else covered by Part V dies without a will.

What does handing a probate over look like?

WillJini publishes a four step process for a probate on its probate service page. First, advisory and appointment of a lawyer: WillJini assists end to end in advisory, process and correspondence. Second, submission of affidavits by the legal heirs: all legal heirs and witnesses submit affidavits along with the list of all properties with their valuations. Third, the court fees are paid depending on the size of the estate, and those fees differ across courts as per state laws. Fourth, the court visits and any objections: the entire process takes about 6 to 12 months depending upon location, complexity of assets, and cooperation of all family members. WillJini prices this work on a case to case basis, and a WillJini lawyer calls you back within 24 hours.

FAQs

What is the Indian Succession Act of 1925?

It is the central statute that says how a will is made and proved, who inherits when a person who is not a Hindu, Muslim, Buddhist, Sikh or Jaina dies without a will, and how a court grants probate, letters of administration and a succession certificate. The current text is consolidated as on 19 June 2026 and carries twenty-two amending Acts.

Does the Indian Succession Act apply to Hindus?

Yes, for wills, but not for intestacy. Part V excludes Hindus from its intestate rules. Part VI governs testamentary succession, and section 57 applies specific provisions listed in Schedule III to all wills made by a Hindu, Buddhist, Sikh or Jaina on or after 1 January 1927. The requirement for two attesting witnesses in section 63(c) applies to a Hindu will through this route.

Is probate mandatory under the Indian Succession Act?

No statute now requires probate before an executor or legatee can establish a right. Section 213 was omitted by Act No. 37 of 2025 with effect from 20 December 2025. Institutions still ask for probate because section 273 makes a grant conclusive as to representative title and affords full indemnity to all persons delivering up property to the grantee. So whether a family needs probate depends on who is holding the asset: where a bank, a property authority or a financial institution has asked for it before transferring the asset, the family has to complete that process.

What changed in the Indian Succession Act in 2025?

The Repealing and Amending Act, 2025 omitted section 213 with effect from 20 December 2025, the date of assent; the Gazette of India published it on 21 December 2025. From 20 December 2025 no statute requires probate before an executor or legatee can establish a right, though a bank or a registrar may still ask for a grant, and section 273 is the reason. Section 212 was not touched. It requires letters of administration before a right to the property of a person who died without a will can be established in court, and it does not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh, Jaina, Indian Christian or Parsi.

What are the features of a valid will under the Act?

Section 59 requires the testator to be of sound mind and not a minor. Section 63(c) requires the will to be attested by two or more witnesses. Each witness must have seen the testator sign or affix his mark, or have received from the testator a personal acknowledgment of the signature, and each witness must sign the will in the presence of the testator. The witnesses need not be present at the same time, and no particular form of attestation is necessary.

What is a succession certificate used for?

It is used to collect debts and to receive interest or dividends on securities, or to negotiate or transfer those securities. Under section 370, a certificate is granted only with respect to any debt or security. It is never used to transfer immovable property.

Who inherits under the Act when there is no will?

Part V decides the shares for everyone except a Hindu, Muslim, Buddhist, Sikh or Jaina (section 29(1)). Chapter II covers Indian Christians and everyone else covered by Part V other than Parsis, and gives the property to the widow or widower and the kindred in the order it sets out. For an Indian Christian who leaves a widow and no lineal descendants, section 33(b) gives one half to the widow and one half to the kindred. Chapter III is a separate code for Parsis, under which the widow or widower and each child take equal shares (section 51(1)).

How is the Indian Succession Act different from the Hindu Succession Act?

The Indian Succession Act sets out how a will is made and proved and how a court grants probate, and decides who inherits when a Christian, a Parsi or anyone else covered by Part V dies without a will. The Hindu Succession Act decides who inherits when a Hindu, Buddhist, Sikh or Jaina dies without a will, and its section 6 makes a daughter a coparcener by birth.