Key Points: - The only legal question for consideration is whether probate is a compulsory requirement for establishing rights pursuant to a Will executed by a Hindu for property situated outside the original civil jurisdiction of the High Courts at Calcutta, Madras, and Mumbai. (!) - If a Will falls under clauses other than (a) and (b) of Section 57 of the Indian Succession Act, the restriction requiring probate to establish rights under Section 213 does not operate. (!) - Probate is not required to be obtained by a Hindu in respect of a Will made outside the specified territories or regarding immovable properties situated outside those territories. (!) (!) - Since the property in this case is situated in Gandhinagar, Gujarat, which is outside the original civil jurisdiction of the High Court of Bombay, rights acquired by the legatee can be established before the revenue authority even without probate. (!) - The stand of the District Collector insisting on obtaining probate before making a mutation entry is legally unsustainable and is set aside. (!) - The District Collector is directed to consider the matter for entering mutation based on the Will after following the procedure under Section 135(d) of the Bombay Land Revenue Code if rights are established. (!) - The petition was allowed, and the impugned communication of the District Collector was quashed. (!)

What is the requirement for obtaining probate for a Will executed by a Hindu regarding immovable property situated outside the original civil jurisdiction of the High Courts of Calcutta, Madras, and Bombay?

What are the rights of an executor or legatee to establish rights pursuant to a Will without obtaining probate when the property is located in Gujarat?

How to establish rights under a Will made by a Hindu for property outside the territories specified in Clauses (a) and (b) of Section 57 of the Indian Succession Act without probate?