Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate

Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate

Judgement

Citations: 2006-LAWS (GJH)-10-27 , 2007-GLR-1-277 , 2007-GCD-1-392

Appellants: Minaxiben Shashikantbhai Patel

Respondents: Dist. Collector

Court: High Court of Gujarat

Judges: Jayant Patel

Advocates: B.S.Brahmbhatt

Acts and Rules Cited: Succession Act, 1925, S.213,S.57,

Bombay Land Revenue Code, 1879, S.135D,

SUCCESSION ACT, 1925 - SECS. 57, 213 - COMPULSORY REQUIREMENT OF PROBATE - PETITIONER IS A HOUSE WIFE AND HER FATHER IN LAW PURCHASED THE PROPERTY IN GANDHINAGAR - EXECUTION OF WILL BY THE FATHER IN LAW OF THE PETITIONER - AS PER THE WILL, THE PROPERTY IS BEQUEATHED TO THE PETITIONER - CASE OF CLARENCE PAIS & ORS. (SUPRA) REFERRED - EVEN WITHOUT PROBATE, THE RIGHTS ACQUIRED BY THE EXECUTOR OR LEGATEE OF THE WILL CAN BE ESTABLISHED BEFORE THE COURT OR BEFORE ANY OTHER AUTHORITY WHICH IN THE PRESENT CASE IS THE REVENUE AUTHORITY - HELD - IMPUGNED COMMUNICATION MADE BY DISTRICT COLLECTOR SET ASIDE – PETITION ALLOWED