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Sheonath Singh vs Madanlal And Anr. on 12 December, 1958
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Central Government Act
Section 213 in The Indian Succession Act, 1925
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 3[ 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 an authenticated copy of the will annexed.
(2) 4[ This section shall not apply in the case of wills made by Muhammadans, and shall only apply--
(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and
1. Subs. by Act 16 of 1962, s. 2, for" or Jaina". 2 Subs. by s. 3, ibid., for" or Indian Christian". 3 Subs. by Act 3 of 1951, s. 3 and Sch., for" the States". 4 Subs. by Act 16 of 1962, s. 4, for sub- section (2).
(ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 , (16 of 1962 .) where such wills are made within the local limits of the 1[ 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.]
1. Subs. by Act 52 of 1964, s. 3 and Sch. II, for" ordinary civil jurisdiction".