Section 213 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 213 of the Indian Succession Act, 1925 is the section most often quoted when people ask whether a will must be probated. Sub-section (1) says that no right as executor or legatee can be established in a Court of Justice unless probate or letters of administration with the will annexed has been granted. Sub-section (2) then narrows the field and says to which wills the section applies. This article reads s.213 exactly as it is printed in the text of the Act consulted, without saying whether those words are in force today.
Under s.213(1), no right as executor or legatee can be established in any Court of Justice unless a Court of competent jurisdiction in India has granted probate of the will, or letters of administration with the will annexed. Under s.213(2), as printed in the copy consulted, the section does not apply to wills made by Muhammadans or Indian Christians, and applies only to the Hindu, Buddhist, Sikh or Jaina wills of the classes in s.57 clauses (a) and (b), and to the Parsi wills described in clause (ii).
A note on how this section is read
Section 213 is one of the sections where the answer depends on the exact words, and on whether later amendments have changed them. The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); it shows sub-section (2) in square brackets with "" added inside it. This article does not say whether s.213 is in force in that form today. Check the official current text before acting on any will.
If you hold a will and are unsure whether probate is needed, a legal consultation can help you apply the printed words to your facts.
Section 213(1): the main rule
No right as executor or legatee can be established in any Court of Justice unless a Court of competent jurisdiction in India has:
- granted probate of the will under which the right is claimed; or
- granted letters of administration with the will annexed, or with "a copy of an authenticated copy" of the will annexed (the words are printed so in the copy; the second "copy of" reads like a printing slip, and the sense is a copy of the will or an authenticated copy).
The key phrase is "established in any Court of Justice". The sub-section is about proving a right in a Court. Probate and letters of administration are explained in our article on the definitions in s.2 and the grant itself in executor duties under a will.
"In India"
The word "India" in the sub-section is shown in square brackets in the copy consulted. The Act's own definition of India in s.2(cc) is printed as "the territory of India excluding the State of Jammu and Kashmir"; this article describes that as printed and does not say whether it still stands. For a will made abroad or by a non-resident, see our guide on NRI wills, OCI wills, probate and ancillary probate.
Section 213(2): to whom the section applies
Sub-section (2) is printed inside square brackets in the copy consulted. It says:
- The section shall not apply in the case of wills made by Muhammadans .
- It shall only apply:
- (i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of s.57; and
- (ii) in the case of wills made by any Parsi dying after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits of the of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situated within those limits.
Clauses (a) and (b) of s.57 describe the Hindu, Buddhist, Sikh and Jaina wills to which Part VI is applied; we explain them in our article on ss.57-58. Clause (c) of s.57 is not named in s.213(2)(i).
The sub-section does not say anything about a will made by a person who is not in any of the classes named. This article adds nothing beyond the printed text.
What the Statement of Objects and Reasons in the copy says
The copy consulted prints, in the middle of s.2, a box headed "Object & Reasons". It is not part of the Act. It says that the amending Act of 2002 was meant, among other things, to make s.213 inapplicable to Indian Christians. That matches the bracketed words in sub-section (2).
Reading s.213 against s.212
Section 212 is the sister rule for intestacy: no right to an intestate's property can be established in a Court unless letters of administration have first been granted, except in the cases s.212(2) lists. Read the two together in our article on ss.211-212. What happens after probate to a succession certificate is in ss.215-216.
Summary table
| Point | What s.213 prints |
|---|---|
| Who needs the grant | A person claiming a right as executor or legatee |
| What counts as the grant | Probate, or letters of administration with the will annexed (or a copy / authenticated copy, as printed) |
| Court | A Court of competent jurisdiction in India |
| Where it bites | When the right is to be established in a Court of Justice |
| Not applicable | Wills made by Muhammadans or Indian Christians (as printed in the brackets) |
| Applies only to | Hindu, Buddhist, Sikh or Jaina wills of the classes in s.57(a) and (b); Parsi wills as in clause (ii) |
A fresh example
Latha, a legatee under her uncle's will, wants to sue the executor for the bungalow bequeathed to her. If the will is one of the kinds to which s.213 applies as printed, she cannot establish her right as legatee in a Court of Justice unless probate or letters of administration with the will annexed has been granted. If the will is one of the kinds to which s.213 does not apply, as printed in sub-section (2), the section does not stand in her way. Which case she falls in depends on the class of the testator and the place and time of the will; the facts need to be matched to clauses (i) and (ii) with care.
Points to check
- Who made the will? Sub-section (2) sorts wills by the testator's class.
- Where and when? For Parsi wills, clause (ii) turns on the time of death and the local limits named.
- Which clause of s.57? Only clauses (a) and (b) are mentioned for Hindu, Buddhist, Sikh and Jaina wills.
- Is the claim in a Court? The sub-section speaks of establishing a right in a Court of Justice.
- Current text. Check the current official text, because the sub-section is an area of amendment.
Need help deciding whether a will needs probate?
The answer depends on who made the will, where, when and what you want to do with it. Our team can read the will and the family facts against the printed text and tell you what to check on the current law. Book a legal consultation and bring the will, the death certificate and a list of the assets.
Key takeaways
- Section 213(1): no right as executor or legatee can be established in a Court of Justice without probate or letters of administration with the will annexed from a Court of competent jurisdiction in India.
- Section 213(2) as printed: not applicable to wills made by Muhammadans or Indian Christians; applies only to the Hindu, Buddhist, Sikh and Jaina wills of s.57(a) and (b), and to the Parsi wills described in clause (ii).
- The sub-section turns on class, place and time; match the facts to the text.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); this article does not say whether the words are in force today.
Read next
- Sections 211-212: executor or administrator as legal representative and right to an intestate's property
- Section 214: proof of representative title before recovering debts of a deceased
- Sections 222-226: probate only to an appointed executor, and several executors
- NRI wills, OCI wills, probate and ancillary probate
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.