Will by a 'hindu male' under section 213(1) of indian succession act, 1925

No probate is required at the given case.

It is not compulsory to probate the will either in Delhi or Noida, if there is no objection from any other heir of testator.

(1) In response to your query regarding whether the Delhi High Court has the authority to grant probate for a will made by a Hindu male under Section 213(1)(i) of the Indian Succession Act, 1925, for properties, including one located outside the territorial jurisdiction of the Court in another State and the remaining properties within the same State, I can clarify that there is no probate which is required in this case.. The reasons are as under :-

(a) A careful analysis of Sections 213 and 57 of the Act reveals that when the individuals involved in the will are Hindus or when the disputed properties are not located in areas covered by Sections 57(a) and (b), then sub-section (2) of Section 213 of the Act is applicable, rendering sub-section (1) of Sections 213 irrelevant. Consequently, a Hindu is not obligated to obtain probate for a will made outside those specific territories or for immovable properties situated beyond those territories.

(b) The Honourable Supreme Court of India in the case of Transfer Petition (civil) No 970 of 2016, Ravinder Nath Agarwal Vs Yogender Nath Agarwal &Ors with Transfer Petition (civil) No 2779 of 2019 dated 12 Feb 2021 has observed the following :-

(i) In Para 35 of the judgement has observed,

Quote, "A cumulative reading of sections 57, 213 and 264 forward show (i) that a person claiming to be an executor or legatee under a Will cannot rely upon the Will, in any proceeding before a court of justice, unless he has obtained probate (if an executor has been appointed) or letters of administration with the Will annexed, if such a Will has been executed by certain classes of persons; and (ii) that the jurisdiction to grant probate or letters of administration vests only in courts located within the towns of Calcutta, Madras or Bombay and the courts in any local area notified by the state, in the official Gazette." Unquote.

(ii) In Para 36 of the judgement has observed,

Quote, Therefore, what follows is that (i) unless the testator belongs to any of the classes of persons specified in the Act ; and (ii) unless the Will is made or some of the property is covered by the Will are located, within the local limits of notified area, there is no necessity for an executor or a legatee under a Will to seek probate or letters of administration." Unquote.

(c) Under the provisions of Sec 273 of Indian Succession Act, 1925, there is a stipulation on the grant of probate by a High Court or district i.e value of property and estate affected of the deceased beyond the limits of the state should not exceed Rs10,000/-. Now the point is that even if the High Court of Delhi grants probate, whether the value of immovable property in Noida (UP) is within Rs 10,000/-for applicability of the extension of the probate beyond the limits of Delhi ?

(d) Vide sec 264 (1) of Indian Succession Act, 1925, the District Judge shall have jurisdiction in granting and revoking probate and letters of administration in all cases within his District. Further, Vide sec 264 (2) of Indian Succession Act, 1925, there is a bar on grant of probate or letters of administration in the sense that the ibid sec 264(2) mentions that except in cases to which section 57 applies no court in any local area beyond the limits of towns of Calcutta, Madras and Bombay shall, where the deceased is a Hindu, Mohammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the state government has, by notification in the official Gazette, authorised it so to do. Therefore where is the question of obtaining the probate in respect of the properties mentioned in your query until and unless there is a notification to that effect by the state government becausethe two immovable properties mentioned in Delhi and one immovable property in Noida are as it is beyond the limits of towns of Calcutta, Madras and Bombay

(e) Vide sec 300 (1) of Indian Succession Act, 1925, the High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred upon the District Judge. Further, Vide Sec 300(2) of Indian Succession Act, 1925, it has been mandated that except in cases to which section 57 applies, no High Court in exercise of the concurrent jurisdiction conferred over any local area beyond the limits of towns of Calcutta, Madras and Bombay shall, where the deceased is a Hindu, Mohammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the state government has, by notification in the official Gazette, authorised it so to do. Therefore the point is, that until and unless state government has vide notification in the official Gazette authorised it, Delhi High Court as it is it cannot receive any application for probate or letters of administration within the plain meaning of section 300of Indian Succession Act, 1925. This issue needs to be checked, even before applying for application for probate of will in Delhi high court, because the two immovable properties mentioned in Delhi and one immovable property in Noida are as it is beyond the limits of towns of Calcutta, Madras and Bombay.