The Repealing and Amending Act, 2025 (2025)
The Ministry of Law and Justice, Legislative Department, published the Repealing and Amending Act, 2025, No. 37 of 2025, on 21 December 2025, after Presidential assent on 20 December 2025. The Act amends the Indian Succession Act, 1925 by omitting section 213, which the Tamil Nadu Registration Department, in communication மே.எண்.9865/சி1/2026 dated 5 March 2026, states removes the compulsory requirement for will probate throughout India, and it also repeals and amends other enactments.
What the law does
The Repealing and Amending Act, 2025, No. 37 of 2025, was enacted by Parliament and published by the Ministry of Law and Justice, Legislative Department. It has two broad purposes:
- It repeals the enactments listed in the First Schedule.
- It amends enactments listed in the Second Schedule to the extent and in the manner specified there.
The First Schedule includes older laws and numerous amendment Acts relating to subjects such as arbitration, banking, insolvency, motor vehicles, chit funds, specific relief, commercial courts and other areas.
Change affecting wills and probate
The Tamil Nadu Registration Department communication மே.எண்.9865/சி1/2026 dated 5 March 2026 states that the Repealing and Amending Act, 2025 omits section 213 of the Indian Succession Act, 1925. According to the communication, this removes the compulsory requirement for will probate throughout India.
This change is relevant to people claiming property through a will, property owners planning succession, buyers examining a title derived through a will, and professionals handling registration or title verification. The source does not set out any replacement probate procedure or prescribe any fee.
Instructions to registration officials
The Tamil Nadu Registration Department communication மே.எண்.9865/சி1/2026 dated 5 March 2026 forwards Gazette of India No. 61 dated 21 December 2025 for information and appropriate action. It was addressed to:
- All Deputy Inspectors General of Registration.
- All Assistant Inspectors General of Registration.
- All District Registrars.
- All Sub Registrars.
A copy was also sent to senior officers in the office of the Inspector General of Registration and to the computer section for uploading on the department website.
Protection for earlier matters
The Repealing and Amending Act, 2025 contains savings for enactments repealed by it. Repeal does not disturb matters already done or suffered, rights or titles already acquired, obligations or liabilities already incurred, existing remedies or proceedings, releases, indemnities, or proof of past acts.
The repeal also does not revive any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice or procedure that was not already in existence or force.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Is will probate still compulsory in Tamil Nadu?
The Tamil Nadu Registration Department communication states that omission of section 213 of the Indian Succession Act, 1925 removes the compulsory requirement for will probate throughout India.
Does the probate change apply only in Tamil Nadu?
No. Communication மே.எண்.9865/சி1/2026 dated 5 March 2026 describes the removal of the compulsory probate requirement as applying throughout India.
Will the repeal disturb property rights already acquired?
The savings provision says repeal does not affect rights or titles already acquired, obligations or liabilities already incurred, or related remedies and proceedings.
Were Tamil Nadu registration offices informed about the change?
Yes. The Tamil Nadu Registration Department sent the Gazette notification to Deputy Inspectors General, Assistant Inspectors General, District Registrars and Sub Registrars for information and appropriate action.
