https://www.taxtmi.com/caselaws?id=198890 The court emphasized that under Section 213 of the Indian Succession Act, probate is essential to establish the rights of an executor or legatee under a Will. It clarified that this requirement applies to cases involving Wills made by Hindus in Calcutta. The judgment highlighted that without probate, no right as an executor or legatee can be established, regardless of who is pursuing the claim. The court directed the trial court to proceed with the case, specifying that any decree would only be effective once the first respondent obtains and presents the probate of the Will, aiming to ensure a fair and timely resolution without expressing opinions on the case's merits. en-us Tue, 16 May 2006 00:00:00 +0530 Mon, 12 Feb 2018 16:03:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198890 The court emphasized that under Section 213 of the Indian Succession Act, probate is essential to establish the rights of an executor or legatee under a Will. It clarified that this requirement applies to cases involving Wills made by Hindus in Calcutta. The judgment highlighted that without probate, no right as an executor or legatee can be established, regardless of who is pursuing the claim. The court directed the trial court to proceed with the case, specifying that any decree would only be effective once the first respondent obtains and presents the probate of the Will, aiming to ensure a fair and timely resolution without expressing opinions on the case's merits. Case-Laws Indian Laws Tue, 16 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198890