V.K. Agrawal, J.

1. The learned Single Judge has referred the following questions for decision-

(1) "Whether, a probate is compulsorily required in case of a Will made by a Hindu, Buddhist, Sikh or Jain, who is residing outside the territories mentioned in section 57 (a) of the Indian Succession Act (hereinafter referred to as 'the Act') and who has executed a Will in respect of property which is not situate in those territories ?"

(2) "Whether, in case of two rival Wills not covered by section 57 (a) & (b) of 'the Act', obtaining of probate is compulsory and the jurisdiction of the civil court would be barred ?"

2. Facts relevant for decision of this reference stated briefly are : that the appellants/plaintiffs are the grandsons (daughter's son) of testator Kashi Bai. The respondent No. 1 Mst. Kosa Bai is the sister-in-law (Bhabhi) of Kashi Bai, while the respondents/defendants 2 & 3 Himachal Singh and Badan Singh are the sons-in-law of respondent No. 1 Mst. Kosa Bai. Kashi Bai was predeceased by her husband and her daughter Gopi Bai, the mother of plaintiffs/appellants. Undisputably, Kashi Bai was the owner of land bearing Khasra No. 60, area 2.544 acres and the house situate in