Prithipal Singh Sabharwal v. Jagjit Singh Sabharwal
1996 (37) DRJ 643
It is not necessary to obtain probate of a Will in Delhi before any claim is based on that Will.
"In this case judgment given in M/s.Behari Lal Ram Charan v . Karam Chand Sahni and Others, has been followed that , Division Bench at Delhi of the Punjab High Court has clearly laid down that it was 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."