Unprobated will

Nitin Sharma (Querist) 21 April 2012 This query is : Resolved
Please guide me on the following
acc to sec 213 r/w sec 57 of INdian succession Act 1925if immovable property is situate outside the specific territory as mentioned in sec 57 & neither the will was executed in the specified territory then probate of will is not mandatory.

Now my ques is that if probate is not mandatory then how the will would be proved in the court or does it mean that court would presume the will to be genuine.
further if probate proceedings are not carried out then whom the court will issue notice to raise any objection & if court do issue any notice and invite anybody to raise objection ,if any ,then what would be the meaning of provisions of sec 213 which states two situations i.e. one where probate is mandatory & other is where probate is not required.

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