SRINAGAR: The High Court of Jammu, Kashmir and Ladakh has held that probate of a Will is no longer a mandatory legal requirement for claiming rights under it, following the omission of Section 213 of the Indian Succession Act, 1925, through an amendment enacted in 2025.
Justice Sanjay Dhar passed the ruling while hearing a petition filed by Rakesh Kumar, who had challenged an order dated July 31, 2026, by which his application seeking attestation of mutation of inheritance in his favour on the basis of a Will was rejected on the ground that the Will had not been probated.
The court noted that, under the unamended Section 213 of the Indian Succession Act, no right as an executor or legatee could be established in a court unless probate of the Will or letters of administration with the Will annexed had been granted by a competent court.
However, the court observed that Act No. 39 of 2025 omitted Section 213 from the Indian Succession Act, 1925, thereby removing the statutory requirement of obtaining probate before asserting a right under a Will.
“In view of the aforesaid development, the requirement of obtaining the probate of a Will before claiming right under a Will is not mandated in law,” Justice Dhar held.
The High Court consequently found the action of respondent No. 3 in refusing to consider Kumar’s claim for mutation of inheritance on the basis of the Will to be legally unsustainable.
It set aside the July 31 rejection order and directed respondent No. 3, the Tehsildar Ghagwal, to reconsider Kumar’s case for attestation of mutation of inheritance on the basis of the Will in accordance with law.
The court further directed that the exercise be completed within one month from the date a copy of the order is made available in the office of the Tehsildar, Ghagwal.
The order was passed on September 2, 2026, in WP(C) No. 2700/2026. Ms Nisha Kangotra, Advocate, appeared for the respondents, while Navneet Dubey represented the petitioner.
