INDIA Trends and Developments Contributed by: Rishabh Shroff, Kunal Savani and Chirag Shah, Cyril Amarchand Mangaldas
Cyril Amarchand Mangaldas Peninsula Chambers Peninsula Corporate Park GK Marg Lower Parel Mumbai – 400 013 India Tel: +91 22 249 64455 Fax: +91 22 2496 3666 Email: rishabh.shroff@cyrilshroff.com Web: www.cyrilshroff.com
India is home to a complex and dynamic regulatory culture that is constantly evolving and requires a deep understanding of the legal and tax changes which have taken place. This includes tax regulations, inheritance laws and corporate governance norms that apply to private clients. This update explores recent chang- es that have impacted the Indian legal environment, including the repeal of mandatory probate, promulga- tion of the new Income Tax Act, revamp of nomination and transmission norms, evolution of wealth creators, increasing global investments professionalisation of management, continued momentum towards a uni- form civil code and other taxation updates. Repeal of Mandatory Probate For decades, Section 213 of the Indian Succession Act, 1925 (ISA), served as a procedural bottleneck, requiring Hindus, Buddhists, Sikhs, Jains and Parsis to obtain a probate – ie, an order from the court of competent jurisdiction for validation of a will executed within the presidency towns of Bombay, Calcutta and Madras or for properties located in these cities. How- ever, that era has ended. The Repealing and Amend- ing Act, 2025 (the “2025 Amendment”) has amended the ISA, omitting Section 213 with effect from 21 December 2025. The erstwhile Section 213 did not apply to wills made by Indian Muslims (who follow uncodified personal law) or Indian Christians (exempted by way of a 2002 amendment to the ISA), creating a dichotomy based on religion. The 2025 Amendment now removes the specific geographic penalty and brings parity for all.
The law now treats wills across different communi- ties and regions more equitably, moving away from colonial-era distinctions. The 2025 Amendment does not alter the foundational requirements for creating a valid will under Section 63 of the ISA. Further, if a probate petition is sub judice, the omission of Section 213 of the ISA will not apply retrospectively and the probate proceedings will con- tinue to be governed as per the old regime. The process for obtaining probate was time-consum- ing, often taking many years for even straightforward cases, and potentially much longer if contested. The 2025 Amendment replaces the probate requirement with a simpler provision, allowing succession certifi- cates to be used for assets in Mumbai, Chennai and Kolkata. Probate is now voluntary, available if heirs choose, depending on circumstances. Whilst probate is no longer mandatory by law, for Hindu families, this is not just legislative housekeep- ing. It’s a fundamental shift in considering how they protect and transition their generational wealth, situ- ated and consolidated in the presidency towns. In cases of complex family disputes or where a specific institution remains cautious, a voluntary probate can still serve as conclusive evidence of a will’s authentic- ity. The elimination of compulsory Probate does not diminish its strategic value, it merely transforms it from an obligation into an option. For ultra-high net worth families with complicated succession plans, voluntary
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