Court directs Tehsildar to reconsider mutation application based on Will without probate following 2025 amendment to Section 213
In a landmark judgment dated September 2, 2026, the Jammu & Kashmir and Ladakh High Court, presided over by Justice Sanjay Dhar, has clarified that obtaining probate for a Will is no longer a legal prerequisite for claiming rights under the Will, particularly for the attestation of Mutation of Inheritance. This ruling comes in light of the recent amendment to the Indian Succession Act, 1925, through Act No. 39 of 2025, which has omitted Section 213 that previously mandated probate for such claims.
The case arose when petitioner Rakesh Kumar's application for the attestation of Mutation of Inheritance, based on a Will, was rejected by the Tehsildar of Ghagwal on the ground that the Will had not been probated. Challenging this order dated July 31, 2026, Kumar filed a writ petition before the High Court seeking relief.
Justice Dhar noted that under the unamended Section 213 of the Indian Succession Act, 1925, no executor or legatee could assert rights in any court without a grant of probate or letters of administration by a competent court. However, the amendment in 2025 has done away with this requirement, effectively allowing claimants to establish their rights under a Will without the formal probate process.
The Court held that the Tehsildar's refusal to consider the mutation application on the basis of non-probated Will was legally untenable post-amendment. Consequently, the Court set aside the impugned order and directed the Tehsildar to reconsider the application in accordance with the amended law. The Court further mandated that this reconsideration and the entire mutation attestation process be completed within one month from the date the order copy is received by the Tehsildar's office.
This judgment is significant as it streamlines the inheritance mutation process, reducing procedural hurdles and delays caused by the probate requirement. It aligns the practice with the recent legislative change, thereby facilitating easier transfer of property rights under a Will.
Bottom Line:
Requirement of probate for claiming rights under a Will is no longer mandatory under Indian Succession Act, 1925, following the amendment vide Act No. 39 of 2025.
Statutory provision(s): Indian Succession Act, 1925 Section 213 (as amended by Act No. 39 of 2025)
Rakesh Kumar v. U.T. of J&K, (J&K and Ladakh) : Law Finder Doc Id # 2975228
