NDLI: Kanta Yadav Vs. Om Prakash Yadav & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	necessity to seek probate or letter of administration 1925 213 ss.57 Indian Succession Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Indian Succession Act, 1925 (39 of 1925)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Indian Succession Act, 1925 – ss.57, 213 – One ‘ZS’ owned certain immoveable property in New Delhi – He executed Will dtd. June 16, 1985 and codicil dtd. Oct. 21, 1995 bequeathing selfacquired property in favour of both the parties – ‘ZS’ died – Two suits filed – One by the respondents inter alia claiming permanent injunction in respect of the Will and codicil executed by ‘ZS’ and also will dtd. June 18, 2009 executed by the wife of ‘ZS’ –Other suit filed by the appellant claiming natural succession – Division Bench of the High Court held that the bar u/s.213 is not applicable and set aside the order of rejection of plaint directing that both the suits be clubbed and common evidence be led together – Issue as to whether it is necessary to seek probate or letter of administration in respect of a Will in terms of s.213 in the National Capital Region of Delhi – Held: Present National Capital Region Delhi was part of erstwhile State of Punjab prior to Nov. 1, 1966 – Statutory provisions are clear that the 1925 Act is applicable to Wills and codicils made by any Hindu, Buddhist, Sikh or Jain, who were subject to the jurisdiction of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras or Bombay [Clause (a) of s.57 ] – Secondly, it is applicable to all Wills and codicils made outside those territories and limits so far as relates to immoveable property within the territories aforementioned- [Clause (b) of s.57] – Clause (c) of s.57 inter alia relates to the Wills and codicils made by any Hindu, Buddhist, Sikh or Jain on or after the first day of Jan. 1927, to which provisions are not applied by clauses (a) and (b) – However, subsec. (2) of s.213 applies only to Wills made by Hindu, Buddhist, Sikh or Jain where such Wills are of the classes specified in clauses (a) or (b) of s.57 – Thus, clause (c) is not applicable in view of s.213(2) – No error in the judgment passed by the Division Bench of the High Court – Code of Civil Procedure, 1908 – Or. 7, r.11.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 808
Petitioner	Kanta Yadav
Respondent	Om Prakash Yadav & Ors.
SCR	[2019] 9 S.C.R. 790
Judgement Date	2019-07-24
Case Number	5823

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Kanta Yadav Vs. Om Prakash Yadav & Ors.

Please Log-in to view this content

Apoline D` Souza Vs. John D Souza

Anil Kak Vs. Kumari Sharada Raje & Ors.

Bharpur Singh & Ors. Vs. Shamsher Singh

Ramesh Nivrutti Bhagwat Vs. Dr. Surendra Manohar Parakhe

S. Jhansi Lakshmi Bai & Ors. Vs. Pothana Apparao & Ors.

Pearey Lal Vs. Rameshwar Das

Ram Piari Vs. Bhagwant & Ors.

Chandan & Om Prakash Vs. State of Rajasthan

Gurdial Kaur and Ors. Vs. Kartar Kaur and Ors.

Kanta Yadav Vs. Om Prakash Yadav & Ors.

Kanta Yadav Vs. Om Prakash Yadav & Ors.

Please Log-in to view this content

Similar Documents

Apoline D` Souza Vs. John D Souza

Anil Kak Vs. Kumari Sharada Raje & Ors.

Bharpur Singh & Ors. Vs. Shamsher Singh

Ramesh Nivrutti Bhagwat Vs. Dr. Surendra Manohar Parakhe

S. Jhansi Lakshmi Bai & Ors. Vs. Pothana Apparao & Ors.

Pearey Lal Vs. Rameshwar Das

Ram Piari Vs. Bhagwant & Ors.

Chandan & Om Prakash Vs. State of Rajasthan

Gurdial Kaur and Ors. Vs. Kartar Kaur and Ors.

Kanta Yadav Vs. Om Prakash Yadav & Ors.