VidhiSangh

Supreme Court of India · 24/07/2019

KANTA YADAV versus OM PRAKASH YADAV & ORS.

[2019] 9 S.C.R. 790 · 2019 INSC 808

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Summary

Prior probate or letters of administration were not necessary to maintain the Delhi suit asserting rights under the wills concerning Delhi property. For Hindu, Buddhist, Sikh and Jain wills, section 213’s bar was confined to the classes specified in section 57(a) and (b). The Court affirmed restoration of the plaint and the direction to try the rival testamentary and natural-succession suits together, without deciding the wills’ validity.

Issues

  1. Whether the absence of probate required rejection of the plaint asserting testamentary rights concerning Delhi property.

Provisions considered

Held

Result

Appeal dismissed; Division Bench judgment restoring the plaint and directing joint trial of the rival suits affirmed. Testamentary validity and substantive succession claims remained for trial.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 790.