1. Being aggrieved by the order dated 23.10.2003 passed by XVII ADJ, Indore in Succession Case No. 8/2002, whereby the application filed by the appellant under section 278 of the India Succession Act, 1925 (which shall be referred hereinafter as "Act") has been rejected, the present appeal has been filed.

2. Short facts of the case are that deceased was Ms. Renuka Bai w/o Balkrishna, who passed away on 6.11.1998. After her death the appellant filed a petition under section 278 of the Act on 3.8.2000 alleging that the deceased Renuka Bai executed the registered will on 22.8.1995 before her death, whereby the property which is a house bearing municipal No. 70, old 81, now situated at Barabhai, Indore was given to the appellant. Hence, it was prayed that the letter of administration be issued in his favour.

3. The petition filed by the appellant was opposed by the respondents on various grounds and it was prayed that petition for grant of Probate/Letter of Administration be dismissed. On the basis of the pleadings, the learned Court below framed the issues, recorded the evidence and at the time of passing of order the learned Court below vide order dated 23.10.2003 dismissed the petition on the ground that in State of Madhya Pradesh, petition for grant of Probate/Letter of Administration relating to immovable property is not maintainable. Being aggrieved by the impugned order the present appeal has been filed.

4. For just disposal of this petition, relevant sections of Indian Succession Act are necessary, which are reproduced herein below:

"264. Jurisdiction of District Judge in granting and revoking probates, etc. -- (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district.

(2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay, shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorized it so to do.

213. Right as executor or legatee when established. - 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 autenticated copy of the will annexed.

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

(i) in the case of will 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 will 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 situated within those limits]

57. Application of certain provisions of Part to a class of Wills made by Hindus, etc. -- The provisions of this part which are set out in a schedule ill shall, subject to the restrictions and modifications specified therein, apply -

(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of September, 1870 within the territories which at the said date were subject to the Lieutenant - Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of High Court of judicature at Madras and Bombay; and

(b) to all such wills and codicils made out side those territories and limits so far as relates to immovable property situated within those territories or limits; [and

(c) to al