AIR 2002 DELHI 6 ::(2001) 60 DRJ 422 ::(2002) 1 CurLJ(CCR) 417

Delhi High Court

Hon'ble Judge(s): A. K. Sikri , J

Succession Act (39 of 1925) , S.213— Applicability - Will by Christian - Claim by legatee and executor under Will - Probating of Will by Court of competent jurisdiction - Condition precedent. Combined reading of sub-section (1) and sub-section (2) of Section 213 would show that the embargo contained in S. 213 shall apply except in those cases which are exclusively excluded by sub-section (2). Since there is no mention at all of Christians in sub-section (2) it naturally follows that in respect of Christians the general rule contained in sub-section (1) would apply in all circumstances and, therefore, unless the will is probated no right as executor or legatee can be established in any Court of Justice. Simply put the matter can be summarised as under ; (1) No right as executor or legatee can be established in any Court unless the probate to the will has been granted by the Court of competent jurisdiction (2) Section 213 has no application in cases of wills made by Muhammadans. (3) In case of wills made by Hindu, Buddhisit, Sikh, Jaina and Parsi it shall only apply if conditions stated in sub-section (2) (i) and (ii) and are fulfilled. (4) In case of will executed by a person of all other religions which would include Christian, provision of S. 213 shall fully apply.(Para 11) Insofar as Muhammadans are concerned S. 213 does not ....