https://www.taxtmi.com/caselaws?id=304202 An unprobated Will cannot be used to prove cancellation of an earlier Will or to defeat a claim for letters of administration based on that earlier Will, because Section 213 of the Indian Succession Act bars establishment of testamentary rights without probate or letters of administration. The bar applies even where the Will is relied on by a defendant, and only a truly collateral use of an unprobated Will is permitted. Where the later Will is asserted to have operative testamentary effect by cancelling the earlier instrument, its due execution and contents must first be proved in probate proceedings. The appeal therefore succeeded in part on admissibility, while the remaining directions were left undisturbed. en-us Wed, 12 Jan 2011 00:00:00 +0530 Tue, 13 Sep 2022 12:18:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304202 An unprobated Will cannot be used to prove cancellation of an earlier Will or to defeat a claim for letters of administration based on that earlier Will, because Section 213 of the Indian Succession Act bars establishment of testamentary rights without probate or letters of administration. The bar applies even where the Will is relied on by a defendant, and only a truly collateral use of an unprobated Will is permitted. Where the later Will is asserted to have operative testamentary effect by cancelling the earlier instrument, its due execution and contents must first be proved in probate proceedings. The appeal therefore succeeded in part on admissibility, while the remaining directions were left undisturbed. Case-Laws Indian Laws Wed, 12 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304202