In Brief
A testator in Delhi executed a Will in 1985. After his death, disputes arose regarding the Will and a subsequent Will executed by his wife. The respondents sought to establish their rights as legatees without obtaining probate, claiming that Section 213 of the Indian Succession Act, 1925—which requires probate—did not apply to Wills made outside Bengal, Madras, and Bombay. The Supreme Court held that probate is not mandatory for Wills made by Hindus in Delhi, as Section 213 only applies to Wills relating to the three specified territories. The Court dismissed the appeal, affirming the High Court's decision that both suits could proceed without requiring probate.
The lawyer headnote and full judgment text are available to registered users.