An un-probated Will cannot be relied upon to establish any right in view of Section 213 of the Indian Succession Act

 Swaminthan v. S.Dhanushkodi & anothers, 

2016 (3) LW 43, 

wherein this Court had held that an un-probated Will cannot be relied upon to establish any right in view of Section 213 of the Indian Succession Act. 

Citation

CDJ 2016 MHC 1552

S. Swaminathan Versus S. Dhanushkodi & Another

Head Note

 

Constitution of India - Article 227 - Indian Succession Act,1955 – Section 57 - Will -  Entitlement of right - Trial Judge did not allow Petitioner/plaintiff to mark two documents as exhibits and neither probate of  Will nor Letters of Administration with Will or copy of Will came to be obtained -

Court held - sub-clause (a) and sub-clause (b) of Section 57 of Act get attracted making it mandatory that Letters of Administration or Probate ought to have been obtained for establishment of any right under Wills - what Petitioner tries to do is that properties were dealt with in those two Wills and hence other document viz., partition deed under which first Defendant got properties shall be null and void - It is nothing but an attempt to prove his right allegedly derived under Will - Trial Judge rightly held that documents could not be admitted in evidence and marked as exhibits since same  have not been probated and no Letters of Administration with Will came to be obtained -Revision Petition dismissed.

Paras: 6, 9

Cases Referred:
1) Smt.J.Yeshoda V. Smt.K.Shobha Rani [AIR 2007 SC 1721(1)]
2) N.Srihari (D) by Lrs and Ors. Vs. N.Prakash and Ors [AIR 2008 SC 1548].

Comparative Citations:
2016 (4) MLJ 416, 2016 (2) MWN(Civil) 497,