SATNAM KAUR Vs. SATYENDRA PAL SINGH AND ORS.

JUDGEMENT

(1.) Both the aforesaid First Appeals from Order involve a common question of law as to whether a beneficiary under a will can maintain a petition for obtaining probate under section 213 of the Indian Succession Act?

(2.) Both the aforesaid learned Counsel have supported the arguments of each other and have argued that the law referred to by the Court below does not fully apply to the facts of the present case. Their argument is that it may not be mandatory for a beneficiary of a will to obtain probate under section 213 of the Indian Succession Act but in case such beneficiary wants to obtain a probate of will to be used for other purposes, there is no bar for such person to apply before the Competent Court for grant of probate of Will.

(3.) For the purposes of adjudication of this legal controversy it is relevant to reproduce the provisions of sections 57, 213, 214 and 370 of the Indian Succession Act: