CA Shailesh R. Dedhia, President of the Professional Cell of BJP Mumbai, has written to Prime Minister Narendra Modi urging the repeal or amendment of Sections 57 and 213 of the Indian Succession Act, 1925. These provisions currently make it mandatory only for Hindus, Buddhists, Sikhs, and Jains to obtain probate of a will when dealing with immovable property located in Mumbai, Kolkata, or Chennai.
In his letter dated June 16, 2025, Dedhia highlights the continued application of these colonial-era provisions that unfairly affect a specific group of citizens based on religion and location. Notably, Muslims and Indian Christians are exempt from this requirement—Christians having been granted nationwide exemption in 2002, and Kerala exempting them earlier in 1997.
Dedhia argues that this outdated legal requirement causes undue hardship, including court fees of Rs. 75,000 and professional/legal expenses running into lakhs, with the probate process often taking over a year. He points to inconsistencies such as a legal heir in Mulund (Mumbai) needing probate, while a similar heir in Thane, just across city limits, does not.
“The colonial rule has lost relevance and imposes unfair burdens on lakhs of citizens,” the letter states, calling for its urgent repeal to ensure legal equality and ease of succession across India.
The letter marks a renewed push to correct what many legal experts and citizens see as a religiously and regionally discriminatory provision in India’s inheritance framework.
