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Section 213: Right as executor or legatee when established.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in [India] has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.

[(2) This section shall not apply in the case of wills made by Muhammadans [or Indian Christians], and shall only apply--

(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and

(ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits of the [ordinary-original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.]

STATE AMENDMENTS

Karela.--

Amendment of section 213.--In sub-section (2) of section 213 of the Indian Succession Act, 1925 (Central Act 39 of 1925), after the word 'Muhammadans', the words 'or Indian Christians' shall be inserted.

[vide Kerala Act 1 of 1997, sec. 2].

Where this provision sits

ActThe Indian Succession Act, 1925
Section213
Marginal noteRight as executor or legatee when established.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 3 of 1951. . Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States".
  • substituted, Act 16 of 1962. . Subs. by Act 16 of 1962, s. 4, for sub-section (2).
  • inserted, Act 26 of 2002. . Ins. by Act 26 of 2002, s. 3 (w.e.f. 27-5-2002).
  • substituted, Act 52 of 1964. . Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for "ordinary civil jurisdiction".

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