The Centre has informed the Madras High Court of its intent to amend Section 213 of the Indian Succession Act, 1925 which mandates that Hindus, Buddhists, Jains, Sikhs and Parsis obtain probate or Letter of Administration (LoA) from the courts concerned, to inherit for property through a will executed in Chennai, Mumbai or Kolkata. The proposed amendment would also cover wills related to immovable property situated in the three metropolitan cities.
Appearing before the first Division Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu, Additional Solicitor General AR.L. Sundaresan said, the Union Ministry of Law and Justice was taking steps to amend the provision. He would apprise the High Court of further developments in due course. The judges recorded his submission and adjourned a batch of cases, challenging the legal provision, to October 10.
In a reply affidavit filed before the Bench, an Additional Secretary to the Ministry said: “The difference between Hindus, Buddhist, Sikhs, Jains and Parsis on the one side and Christians and Muslims on the other side for grant of probate or wills or Letters of Administration, with the will or its authenticated copy annexed by a court of competent jurisdiction, in order to establish the right as executor of Legatee, is not required to continue.”
