Ashiana Apartment

Section 213. Right as executor or legatee when established. (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of a authenticated copy of the will annexed…………… (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.- Now by the Indian Succession [Amendment] Act, 1962, the section has been made applicable to wills made by Parsi dying after the commencement of the 1962 Act.- We have shown above that it is applicable to Parsis after the amendment of the Act in 1962 and to Hindus who reside within the territories which on 1.9.1870 were subject to the Lt. Governor of Bengal or to areas covered by original jurisdiction of the High Courts of Bombay and Madras and to all wills made outside those territories and limits so far as they relate to immovable property situate within those territories and limits.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6     CASE NO.: Writ Petition (civil) 137 of 1997 Writ Petition (civil) 674 of 1998 PETITIONER: CLARENCE PAIS & ORS. Vs. RESPONDENT: UNION OF INDIA DATE OF JUDGMENT: 22/02/2001 BENCH: S. Rajendra Babu & R.C. Lahoti JUDGMENT: J U D G M E N TL…I…T…….T…….T…….T…….T…….T…….T..J … Continue reading →