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Tuesday, August 22, 2023

Probate of a Will: Is it mandatory?

Om Prakash Yadav v. Kanta Yadav
Citation: 2017 SCC OnLine Del 6961
Paragraph 7.
There being a plethora of authorities that in view of Section 57 and Section 213 of the Indian
Succession Act, for Hindus, concerning properties in the Northern part of the country, it is
not necessary to obtain a probate of a will, appellants pleaded that they need not obtain a
probate of the wills and the codicil. As per the respondents Section 34 of the Specific Relief
Act, 1963 which relates to a declaratory decree, did not disentitle the appellants to the
declaration claimed.


See also:

Geeta Tandon v. Sunil Gomber
Citation: 2023 SCC OnLine Del 2067

Kanta Yadav v. Om Prakash Yadav
Citation: (2020) 14 SCC 102


Ravinder Nath Agarwal v. Yogender Nath Agarwal,
Citation: (2021) 15 SCC 282

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