Probate for will made outside specific territory by Hindus is not required

 The effect of Section 213(2) of the Act is that the requirement of probate or other representation mentioned in sub-section (1) for the purpose of establishing the right as an executor or legatee in a court is made inapplicable in case of a will made by Muhammadans and in the case of wills coming under Section 57(c) of the Act. Section 57(c) of the Act applies to all wills and codicils made by any Hindu, Buddhist, Sikh or Jain, on or after the first day of January, 1927 which does not relate to immovable property situate within the territory formerly subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary civil jurisdiction of the High Courts of Judicature at Madras and Bombay, or in respect of property within those territories. No probate is necessary in the case of wills by Muhammadans.

IN THE SUPREME COURT OF INDIA

Decided On: 22.02.2001

Appellants:Clarence Pais & Ors. etc.
vs.
Respondent:Union of India

Hon'ble Judges/Coram:
S. Rajendra Babu and R.C. Lahoti, JJ.

Citation:AIR 2001 SC 1151

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