...Section 57 read with Section 213 of Succession Act it was not necessary to obtain probate for Hindu in respect ...same question. The said case was instituted under Section 370 of Succession Act for obtaining succession certificate...the Land Acquisition Act. In the reference instituted by Smt Bhagana, substitution application was filed. After the death of Smt. Bhagana, Shyam Lal claimed substitution on the basis of succession...

...Section 213 of Succession Act which requires an executor to obtain probate before establishing his claim under the Will wa...even in the cases of Hindu Wills not falling under Sec. 57. That notification must be deemed to continue in force as one under sub-section 2 of Sec. 264 of the present Succession ...of Section 213(2)(i) and Section 57 of the Act is that obtaining of a probate of the Will is not a condition precedent to the establishment of a right where the Will has...

...determined by the High Court where no doubt the decision on the civil court proceedings would be relevant.5. The appellant's counsel then contended that Section 213 of the Succession ...correct, we do not read Section 213 as prohibiting the executor from applying for probate as a matter of prudence or convenience to the courts in other parts of the country not covered by Section ...appellant's challenge to probate proceedings filed by the respondent on the basis of Section 10 of the Code of Civil Procedure. The High Court was of the view that the mere fact that the appellant...

...Section 213 of the Succession Act, the petitioner cannot establish his right or title as a legatee without obtaining proba...Succession Act of 1865 which was reproduced as Section 213 in Succession Act of 1925- That ...the petitioner to establish his alleged title to the property in question without complying with the requirements of Section 213(1) of the Succession Act. That being so,...

...S. Rajendra Babu, J.— These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 (hereinafter referred to as “the ...residing in the State of Kerala owning property therein if dies after making a will, the legatee thereto need not obtain a probate in terms of Section 213 of the Indian Succession Act bef...the proposed amendment of Section 213 which reads as under:“Prior to 1901, Indian Christians laboured under a serious grievance, namely, that they were compelled to obtain probate ...

...order impugned.2. No doubt Section 213(2) of the Indian Succession Act has been amended by Act 26 of 2002. This is in tune with the ...Succession (Kerala Amendment) Act, 1986. The necessity for an Indian Christian to probate a Will no longer exists. But then Section 214 of the Indian Succession ...finding of the court below that Section 214 of the Indian Succession Act need not be complied with in view of the amendment to Section 213 thereof is o...

...of succession certificate was required to be obtained by the plaintiffs before a decree could be granted in their favour. Sri K.K Bajpai, counsel appearing for the plaintiffs, contended that as the provisions ...Section 57 read with Section 213 of the Indian Succession Act. A reading of the aforesaid two provisions would indicate that the provisions of ..., sub-section (2) of Section 213 of the Indian Succession Act applies and sub-section (1) has no application. As a consequence, a probate will not be r...

...law in holding that the will was not admissible in evidence under Section 213 of the Indian Succession Act. It is pointed out by learned counsel that the learned Judge failed...to notice the provisions of Section 213 Sub-section (2) and that he was misled since he noticed only Sub-section (1). The contention raised by learned counsel appears to be corre...mentioned in Clause (b). Thus, it is clear that the provisions of Sub-section (1) of Section 213 of the Indian Succession Act were not attracted. ...

...Section 213 of Indian Succession Act and is not entitled to file application for revocation. He further urged that the finding recorded by the trial court was not set aside and...Section 383 of Indian Succession Act could be exercised. Trial court acted illegally in rejecting the application of revocation without considering this aspect. The appellate cou...application for revocation was rightly entertained without obtaining probate under Section 213 of the Indian Succession Act.16. In these circumstances, writ petition is finally disposed...

...illegal but if before passing of the decree, the will is not probated then under Section 213 of the Indian Succession Act, an executor is not competent to obtain a decr...misconceived the provisions of Section 213 of the Indian Succession Act and also the provisions of Section 227 of the said Act and pr...Counsel for the parties it is desirable to set out the provision of Sections 213(1) and 227 of the Indian Succession Act.4. Section 213 of the I...

...pursuance of the registered Will dated 2-10-2000 executed by his father. The executing Court held that there is no compliance of section 213 of the Indian Succession Act...in respect of property which does not fall in the limits of area covered by the ordinary original jurisdiction of this Court and therefore, it is not covered by section 213 of th...executing Court erred in holding that the present Will is covered by section 213 of the Indian Succession Act. Section 213 of the Indian Succession ...

...in view of the provisions of section 213 of the Indian Succession Act, 1925 the suit filed by the respondent-plaintiff is not tenable unless the probate ...petitioner-original defendant state that in view of the provisions of section 213 read with section 57(A) and (B) of the Indian Succession Act, 1925, t...this section, it becomes clear that sub-section (1) of section 213 applies to those Wills which are made by Hindu, Buddhist, Sikh or Jains as they fall in Clau...

...213 of the Indian Succession Act. or the proviso to Section 34 of the Specific Relief Act, 1963...costs. In appeal, the defendant contended that the suit was barred in view of Section 213 of the Indian Succession Act. The appellate court upheld the plea and dismissed...suit. The second appeal is filed challenging the above decree.3. Section 213(1) of the Indian Succession Act reads:“No right as executor or...

...therefore be held that not only that Class I heirs under Section 8 read with Schedule of the Hindu Succession Act but also the executor of the will of the deceased Goenka are legal representatives..., are legal representatives.11. Section 3(f) of the Hindu Succession Act, 1956 defines “heirs” to mean any person, male or female who is entitled to succeed to the property of...an intestate under this Act. Section 8 thereof provides that the property of a male Hindu dying intestate shall devolve according to the provisions of this chapter, ‘Chapter II’ (Intestate succession...

...his sister Meera Bai has been rejected. 2. Placing reliance to the provisions of Section 213 of the Indian Succession Act, 1925 and contention advanced ...learned Trial Judge by the order impugned held that the provisions of Section 213 of the Indian Succession Act, 1925 particularly Sub-section (2), Clause (i) re...plaintiff was executed in Madhya Pradesh;. To decide whether Section 213 of the Indian Succession Act bars claim based on a Will in the absence of a probate would requir...

...Hindus, a separate clause is provided under Clause (c) of the section 57 of the Indian Succession Act.5. As per section 213 of the Indian ...the provisions of section 213 vis-a-vis section 57 of the Indian Succession Act at Para 6, it has been observed by the Apex Court inter alia as under....4. In my view, as per the provisions of section 57 of the Indian Succession Act, 1925 (hereinafter referred to as “the Act”), the provisions of testamentary ...

...plaintiff-respondent then went in appeal to the High Court, and the main contention raised on behalf of the respondent before the High Court was that in view of Section 213 of the Indian ...favour of Mrs Mitter and that as neither probate nor letters of administration of that will were obtained it was not open to the appellant in view of Section 213 of the Act to ta...advantage of the bequest in favour of Mrs Mitter that letters of administration of the will of Dr Miss Mitter should have been obtained by Mrs Mitter. Section 213(1) which governs this ma...

...certificate in favour of Tej Kaur whose basis for the claim was a will in respect of which no probate has been sought or granted. Under sub-section (1) of section 370 of the Indi.... 927. It was held therein that section 187 of the Indian Succession Act corresponding to section 213 of the Indian Succession Act, 1...established by letters of administration or probate”. Under section 213 of the Act no legatee can set up a right “unless a court of competent jurisdiction in India has granted probate of ...

... settle claims of the deceased depositors within 15 days from their death. In the light of the amendment to Section 213 (2) of the Indian ...death certificate proves that he died on 08.07.2024. 4. It is contextual to refer to Section 213 of the Indian Succession (Kerala Amendment) Act, 1996, which came into...." (highlighted) 5. The testator was an Indian Christian, and he died after the coming into force of Section 213 of the Succession Act...

...Will as required by sub-section (1) of section 213 of the Indian Succession Act, 1925 as well as per the law laid down by this Court in the case of...learned Counsel for the applicant, therefore, submitted that the impugned Order is violative of the provisions of section 213 of the Indian Succession Act as we...impugned order passed by the Trial Court and contended that in the instant case the provisions of sub-section (1) of section 213 of the Indian Succession Act, 1...