Shri Rajan Suri and Anr. v. The State and Anr. -on requirement of probate

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Index > Hindu Law-Will

Shri Rajan Suri and Anr. v. The State and Anr.

AIR 2006 Delhi 148

Section 213 would have no applicability in Delhi and it is not necessary to obtain probate of a Will in Delhi before any claim is based on that Will.

"In this case it’s taken into consideration that no right as executor can be established in any Court unless probate or letters of administration have been obtained of the Will in view of the provisions of Section 213 of the said Act. However, the said Section 213 would have no applicability in Delhi and it is not necessary to obtain probate of a Will in Delhi before any claim is based on that Will. A person has a right to set up a Will even in collateral proceedings and there is no need of obtaining probate thereof. In this behalf, reference may be made to the judgment in Behari Lal Ram Charan v. Karam Chand Sahni, AIR 1968 Pun 108 "