Indian succession act 1925, sec 213 - probate
perumal
(Querist) 26 April 2018
This query is : Resolved
Sir,
As per sub-sec 2(i) of Sec 213 of THE INDIAN SUCCESSION ACT, 1925, 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 under Sub-sec (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.] are not exempted from probate / letter of administration.
My property situate within the local limits of the 1*[ordinary original civil jurisdiction] of the High Court, Madras.
The Commission headed by Chairman Dr. Justice AR. Lakshmanan of EIGHTEENTH LAW COMMISSION of the period 2007-2009 has resolved on 18.08.2008 and recommend for the repeal of section 213 altogether from the statute read with Article 15 of the Constitution of India.
Therefore I may be clarified the following points.
1. Being a Hindu undivided family a will document written and registered in my favour by my grandmother at the Registrar office outside the local limit and for a property located at the local limits of the High Courts at Madras has to be probated.
2. The Law Commission proposal to repeal section 213 has been passed in the legislative Department or not
3. In respect of me probate is essential or not.
Yours Faithfully
Perumal.M
Dr J C Vashista
(Expert) 27 April 2018
Place of registration office is immaterial whereas location of property is material, therefore, the will has to be probated.
