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Will vs Intestate Succession and Probate for Land (2026)
What changes when the owner of farmland left a will and when did not, what probate is, and the 2025 change to section 213 of the Indian Succession Act.
When a landowner dies, one of two things governs who gets the land: a valid will, or the intestate succession rules of the personal law. Probate is a court certificate that a will is genuine; whether it is needed has changed recently. This guide explains the difference in plain terms and gives a buyer a checklist for land that comes through a will.
Two routes: testate and intestate
If the owner left a valid will, the land passes as the will directs (testate succession). If there is no valid will, it passes by the succession law that applies to the owner's community (intestate succession). For Hindus that is the Hindu Succession Act; see Hindu Succession Act and land rules. We have not covered the succession laws of other communities here.
A will does not need to be registered to be valid, and a registered will is not automatically beyond challenge. The Registration Act, 1908, in the text we opened, lists wills under section 18 as documents that "may be registered", which means registration is optional. Section 17, which makes registration compulsory for non-testamentary instruments that create or transfer rights in immovable property, deals with other documents.
| Point | With a will | Without a will |
|---|---|---|
| Who decides the heirs | The owner, within the law | The succession statute |
| Proof needed | The will, witnesses, sometimes court proof | Family tree and legal heir records |
| Common dispute | Genuineness, capacity, undue influence | Missing heirs, claims of other family members |
What makes a will valid
The Indian Succession Act, 1925, in the text we opened on India Code, says in section 59 that "every person of sound mind not being a minor may dispose of his property by will". Section 63 requires the testator to sign or put a mark on the will and the will to be attested by "two or more witnesses". We did not read the rest of the section in full, so a lawyer should confirm the attestation formalities for the particular will.
Section 30 of the Hindu Succession Act allows a Hindu to dispose of property by will, subject to the Indian Succession Act. A will can only dispose of what the testator owned. If the land was a coparcenary share or jointly held, the testator's interest may be smaller than the whole field.
For a buyer, look for: the date, the testator's signature, two attesting witnesses, the description of the land by khasra or khewat number, and whether any later will or codicil exists. Ask who has the original.
What probate is
Probate is a certificate issued by a competent court that confirms a will as genuine and authorises the executor to act. The Indian Succession Act headings we read include section 222 "Probate only to appointed executor" and section 276 "Petition for probate". We did not read the text of those sections in full.
Probate is not the same as a legal heir certificate or a succession certificate. A succession certificate is a different court grant, dealt with in Part X of the Act; see legal heir vs succession certificate.
Is probate compulsory? The 2025 change
Until recently, section 213 required a probate grant before a person could establish rights as executor or legatee under a will in certain cases, mainly Hindu, Parsi, Sikh and Jain wills on immovable property in the former presidency towns of Bombay, Calcutta and Madras. The India Code copy of the Act we opened now shows section 213 as "[Omitted]", with a footnote that the reference was removed by Act 37 of 2025, effective 20 December 2025. A law firm note we read reports that the Repealing and Amending Act, 2025 deleted this requirement and that other probate, letters of administration and succession certificate provisions remain.
What this means for farmland outside those towns: probate was generally not compulsory under section 213 earlier either, so the change is mostly relevant to the three cities. We could not confirm from a primary source how revenue offices, banks and registrars in North India treat a will without probate, and practice differs by office. Some officials still ask for probate or a court order before changing the revenue entry.
Do not assume probate is irrelevant
Even where probate is not legally required, a probate grant gives a buyer strong comfort that the will was proved in court. If the will is the only link in the chain of title, ask whether it has been proved or challenged.
Getting the revenue record changed
After the owner dies, the revenue entry (jamabandi, khatauni or record of rights, depending on the state) must be changed through mutation. Whether the claim rests on a will or on succession by law, the application goes to the revenue office of the state concerned. Read mutation after death and the mutation guide.
We could not confirm a single national list of documents the revenue office wants for a will-based mutation, and the list varies by state. Expect to be asked for the death certificate, the will, details of the legal heirs and a notice period for objections. Mutation does not decide title. A mutation entry can be challenged in a civil court.
Where wills get challenged
- Forgery or a will that surfaces only after the owner's death, with no earlier mention.
- Doubt about the testator's mental state or whether the testator understood the document.
- A will that leaves out a close family member who was entitled to a share in the land.
- Two competing wills, or a later will that cancels an earlier one.
- A will over land the testator did not solely own.
If a case is pending, a sale may be affected. See checking land for litigation and double sale and forged records.
Buyer checklist for will-based land
- Obtain a certified copy of the will and check for a probate order or a court case number.
- Ask for the death certificate and confirm the date against the revenue entry.
- Check that the revenue record now shows the legatees' names.
- Compare the land described in the will with the khasra or khewat number you are buying. See the record terms explained.
- Have all legatees sign the sale deed, and get a written declaration from the executor if one was named.
- Run a 30 year title check; see chain of title.
Tax: sales of inherited land can carry tax consequences. The Income-tax Act, 2025 replaced the 1961 Act for tax years starting 1 April 2026 with changed section numbers, and rules change each year, so check the current year with the tax department or an adviser.
What is unconfirmed
We could not confirm the full text of sections 222, 276 and the Part X succession certificate sections, the notified date and treatment of the 2025 repeal in each North Indian state, or state-specific court fees for probate. This page is general information, not legal advice.
