AIR 1957 RAJASTHAN 384 ::1958 RajLW 117 ::ILR (1957) 7 Raj 253

Rajasthan High Court

Hon'ble Judge(s): Wanchoo , C.J. AND Dave , J

Marwar Succession Act (1936) , S.57(a), S.213— Applicability of S.57(a) - Will executed outside territory of Marwar - Necessity to obtain probate u/S.213 - Right under will established by trial Court on 18-08-1949 - Subsequent coming into force of India Act - Effect. Succession Act (39 of 1925) , S.213— Interpretation of Statutes - Retrospective operation. Civil P.C. (5 of 1908) , Preamble— Clause (b) of S. 57 of the Indian Succession Act was omitted by the Marwar Succession Act. It was only Cl. (a) which was adopted and Cl. (a) related only to those wills which were executed within the territories of Marwar. Therefore, according to S. 213 of the Marwar Succession Act, 1936, a probate was necessary for establishing the right of the executor or legatee under the will only if the will was executed within the territory of Marwar. A will executed outside Marwar was not covered by S. 57, and therefore it was not at all necessary for the legatee or for the executor to obtain probate of that will and he could prove the will without a probate so long as the Marwar Succession Act, 1936, was in force. @page-Raj385 Where the right under the will executed outside Marwar was established by the judgment of the trial Court on 18-8-1949 when the Marwar Act was still in force, the fact that the Indian Act subsequently came into fo....