CHENNAI: Tamil Nadu will implement the Union government’s amendment removing the requirement of probate for wills under the Indian Succession Act, 1925, which will help simplify property transfers based on inheritance documents though legal experts warned of possible disputes.
The Registration Department has instructed all district registrars and sub-registrars to take note of the statutory change while processing property documents arising from wills.
The direction follows the enactment of the Repealing and Amending Act, 2025, which received the President's assent on December 20, 2025, and was subsequently notified in the Gazette of India by the Ministry of Law and Justice.
The amendment omits Section 213 of the Indian Succession Act, a provision that required probate (a court certificate confirming the authenticity of a will) before rights under such documents could be established in certain cases.
Following the legislative change, the State government issued a Government Order, directing registration authorities to recognise the amendment while handling documents relating to wills and property transfers based on them.
Officials said the move is likely to reduce delays faced by families seeking to transfer inherited property.
"Earlier, in many situations, people had to approach courts to obtain probate before relying on a will for property documentation. That process could take considerable time and involve legal expenses. With the amendment, the procedure is expected to become simpler and faster for the public," a senior sub-registrar in Madurai told DT Next.
Legal experts, however, noted that the amendment does not eliminate judicial scrutiny altogether. Courts may still examine the validity of a will if disputes arise among heirs or if allegations of forgery are raised.
Advocate K Dhivyashree said the change would remove a procedural hurdle but also requires careful implementation.
"The amendment will certainly simplify property transactions based on wills and reduce delays. At the same time, authorities must exercise caution, as disputed wills could now surface during property registrations instead of being filtered through probate proceedings," she told this newspaper.