In Brief
In this succession law case, the Supreme Court examined whether probate is mandatory for wills made in Delhi under the Indian Succession Act, 1925. The testator (Zorawar Singh) executed a will in Delhi bequeathing self-acquired property. The Court held that Section 213 of the Act, requiring probate, applies only to wills made in Bengal, Madras, or Bombay, or relating to property in those territories. Since both the will and property were located in Delhi—outside these specified territories—no probate was required. The appeal was dismissed, affirming the Division Bench's decision that the suit for declaration and injunction was maintainable without prior probate.
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