District Courts have jurisdiction to entertain probate applications of Hindus under Section 57(c) of the Indian Succession Act even without government notification under Section 264(2).

Sathish Ninan, J.

The suit for issuance of probate for a Will dated

11.07.2002, executed by a Hindu, was dismissed as not maintainable in the light of the judgment in T.K. Natarajan v. T.K. Raman Achari [2023 (2) KLT 377]. The judgment held that in the absence of a notification by the Government under Section 264(2), the Court lacks jurisdiction to entertain a probate proceeding. The plaintiff is in appeal.

2. We have heard the learned counsel on either side.

3. In Lekshmi M. Nair v. Sudhamony Amma C.K. [2024 (3) KLT

24], a Division Bench of this Court declared that T.K. Natarajan's case (supra) does not lay down the correct law. It was held thus;

“Even in the absence of a notification under Section 264 (2) of the Indian Succession Act, the District Court would be empowered to accept applications and grant and revoke probates and letters of administration in cases specifically covered under Section 57 (c).

In the instant case, the parties being Hindus, they are specifically covered by Section

57 (c) of the Indian Succession Act.”

The judgment applies on all fours to the present case. The District Court has the jurisdiction to entertain and try the suit. The suit is liable to be considered on merits.

In the result, the appeal is allowed. The impugned judgment and decree are set aside. The suit, O.S.No.6 of 2013, will stand restored back to file, for disposal on merits.