In Brief
Zorawar Singh executed a Will in Delhi in 1985. After his death, his heirs filed competing suits, one claiming succession and another seeking declaration regarding the Will without obtaining probate. The Court examined whether Section 213 of the Indian Succession Act, 1925 mandated probate. Held: Probate is mandatory only for Wills made by Hindus, Buddhists, Sikhs or Jains within Bengal, Madras or Bombay or relating to property there. Since the Will was executed in Delhi for Delhi property, probate was not mandatory. The suit for declaration was maintainable without prior probate.
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