Is Probate Still Mandatory in Kolkata? What Changed After Section 213 Was Omitted in December 2025
For decades, a will made by a Hindu, Buddhist, Sikh or Jain within the old Calcutta presidency limits, or dealing with immovable property there, could not be relied on in court without probate, because of section 213 read with section 57 of the Indian Succession Act, 1925. The Repealing and Amending Act, 2025 omitted section 213 with effect from 20 December 2025. Probate is therefore no longer a legal precondition for establishing a right as executor or legatee under such a will in Kolkata. Probate is still the strongest proof that a will is genuine, binding on everyone, and banks, housing societies and buyers may continue to ask for it, especially when heirs disagree.
What changed
| Before 20 December 2025 | From 20 December 2025 |
|---|---|
| No right as executor or legatee could be established in court without probate, for wills covered by section 57 (including Kolkata) | Section 213 omitted; no statutory bar |
| Probate effectively compulsory for many Kolkata wills | Probate optional, but still available and conclusive |
When probate is still worth getting
- Family disputes: if any heir might challenge the will, probate settles validity once and for all.
- Banks and institutions: many banks, share registrars and societies have internal rules asking for probate or a succession document for large amounts.
- Property sale: buyers and their lenders often want probate for title clarity on old Kolkata properties.
- Executor protection: probate gives the executor clear authority to deal with the estate.
- Mutation: KMC and other authorities may ask for it where the record of rights is unclear.
If all heirs agree and institutions accept the will with consents and indemnities, you may be able to proceed without probate. Take advice on the specific assets first.
Which court
- Calcutta High Court (Original Side): testamentary jurisdiction throughout West Bengal.
- District Judge: where the deceased had a fixed place of abode or any property.
The forum is often a choice based on where the assets are, speed and cost.
Documents
- Original will and any codicil.
- Death certificate.
- Affidavit of assets and their valuation.
- Affidavit of an attesting witness.
- Family tree with names and addresses of all legal heirs.
- Title papers of properties, and bank and investment statements.
- Executor’s ID and address proof (and power of attorney if abroad).
- Consent affidavits from heirs, where available.
Process and time
The petition is filed with court fee payable on the value of the estate under the West Bengal Court-Fees Act, 1970. Citations go to heirs who would inherit if there were no will, and a general citation is published. If no one objects, probate can be granted within months. If a caveat is filed, the case becomes a contested testamentary suit and can take years.
Tax points
- Inheritance is not taxed in India, and neither is a probate grant.
- When heirs later sell the property, capital gains are computed with the previous owner’s cost and holding period. See our guide to capital gains on ancestral property in Kolkata.
- File the deceased’s final income tax return through the legal representative.
FAQs
Is probate mandatory in Kolkata after December 2025?
No. Section 213 of the Indian Succession Act was omitted from 20 December 2025, so probate is no longer a legal precondition, though it is still useful.
Can a bank in Kolkata still ask for probate?
Yes. Banks and institutions may ask for probate or other succession documents under their own policies.
Where can I apply for probate in West Bengal?
In the Calcutta High Court (Original Side) or before the District Judge where the deceased lived or had property.
Is a will registered in Kolkata valid without probate?
A will is valid on its own whether or not it is registered; probate is the court’s confirmation of its validity.
TAXAJ, with its legal team, assists executors and heirs in Kolkata with probate petitions, estate tax returns and capital gains. Talk to our Kolkata team.
Last updated 11 November 2026. Sources: Indian Succession Act, 1925, sections 57, 213 (omitted), 264, 270, 276 and 300; Repealing and Amending Act, 2025 (assent 20 December 2025); West Bengal Court-Fees Act, 1970; commentary on the Calcutta High Court probate procedure (2025-26). General information only; take legal advice on your facts.
