KANTA YADAV versus OM PRAKASH YADAV & ORS.

KANTA YADAV versus OM PRAKASH YADAV & ORS.

Section 213(2) applies only to wills of the classes specified in clauses (a) and (b) of Section 57; clause (c) is not made applicable by Section 213(2); therefore probate or letters of administration were not required in respect of the wills and codicils at issue in the National Capital Region of Delhi and there was no error in the Division Bench judgment of the Delhi High Court; appeal dismissed.

Parties
Appellant: Kanta Yadav; Respondents: Om Prakash Yadav & Ors.
Jurisdiction
India
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Section 213 Indian Succession Act, Section 57 Indian Succession Act, Probate, Letters of Administration, Wills and Codicils
Succession Law Civil Procedure Section 213 Indian Succession Act Section 57 Indian Succession Act Probate Letters of Administration Wills and Codicils

Case Brief

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Parties

Kanta Yadav

Appellant

Om Prakash Yadav & Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Section 213 of the Indian Succession Act requires probate or letters of administration for Wills in the National Capital Region of Delhi
  2. 2 Whether clauses (a),(b) or (c) of Section 57 apply to wills and codicils relevant to the present disputes

Ratio Decidendi

Section 213(2) applies only to wills of the classes specified in clauses (a) and (b) of Section 57; clause (c) is not made applicable by Section 213(2); therefore probate or letters of administration were not required in respect of the wills and codicils at issue in the National Capital Region of Delhi and there was no error in the Division Bench judgment of the Delhi High Court; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Judgment and order dated 13.02.2017 of the High Court of Delhi (Division Bench) is upheld.