Probate requirement under Indian Succession law does not apply to a Will executed and situated outside Madras territorial jurisdiction.

Section 213 of the Indian Succession Act bars proof of a right as executor or legatee without probate or letters of administration, but that bar is limited by Section 213(2) where the Will falls within Section 57. For Wills made outside the original territorial jurisdiction of the Madras High Court, the probate requirement does not apply if the Will and the property are both outside that jurisdiction. On the stated facts, probate was therefore not required, and an interest could be transferred on the basis of the Will.

---

---

Issues: Whether a person can transfer any interest on the basis of a Will without probate when the Will is executed outside the original territorial jurisdiction of the Madras High Court.

Analysis: Section 213 of the Indian Succession Act bars establishment of a right as executor or legatee in court unless probate or letters of administration have been granted, but sub-section (2) limits the application of that bar in the case of Wills falling within clauses (a) and (b) of Section 57. Section 57 applies to Hindu, Buddhist, Sikh or Jain Wills made within the specified territories and also to Wills made outside those territories so far as they relate to immovable property situated within them. On the facts found, the Will and the property were outside the original territorial jurisdiction of the Madras High Court, so the probate bar under Section 213(1) did not operate.

Conclusion: Probate was not required, and a person could transfer interest on the basis of the Will. The issue was answered in the affirmative.

---