Bihari Lal Ramcharan v. Karam Chand Sahni -on requirement of probate

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Index > Hindu Law-Will

Bihari Lal Ramcharan v. Karam Chand Sahni

AIR 1968 P&H (at Delhi) 108 (DB)

In a suit instituted in Delhi it is not necessary to obtain probate of a will before any claim could be based on that will.

"In this case view of Falshaw J. was followed as given in Ram Chand v. Sardara Singh holding that no probate was necessary in order to set up a claim regarding property either moveable or immovable on the basis of a will executed in the Punjab and a succession certificate could be granted on the ground of a will without obtaining probate. Thus was agreed in the case that in a suit instituted in Delhi it is not necessary to obtain probate of a will before any claim could be based on that will."