AI Overview...
Sec 57 of Indian Succession Act
-
Scope and Application of Sec 57
Sec 57 pertains to the applicability of the Indian Succession Act to wills made by Hindus and other specified groups. It specifies that certain provisions, including restrictions on probate, apply to wills of Hindus residing within specific territories. Several sources clarify that Sec 57, along with Sec 213, governs the probate process for testamentary succession, especially for Hindus outside certain territories.
References: D. S. MERAMWALA BHAYAWALA VS BA AMARBA JETHSURBHAI - Gujarat, Clarence Pais VS Union of India - Rajasthan, Rajashree Mohanty VS Amita Mohanty - Orissa, BHARAT SURSINGH ASHER vs NATIONAL SECURITIES DEPOSITORY LIMITED - Kerala -
Provisions for Hindus and Other Faiths
The law distinguishes between different groups, with Sec 57 applying mainly to Hindus, and Sec 213 governing the probate process. It is noted that for Hindus residing outside designated territories, probate under Sec 213 is not mandatory, and the will can be proved through other means.
References: Clarence Pais VS Union of India - Rajasthan, Rajashree Mohanty VS Amita Mohanty - Orissa, BHARAT SURSINGH ASHER vs NATIONAL SECURITIES DEPOSITORY LIMITED - Kerala -
Probate Requirements and Exceptions
A key insight is that probate is generally required for wills of Hindus within certain areas. However, in cases where the will is executed outside these areas, probate under Sec 213 may not be necessary, and the will can be proved through other evidence. This is supported by judicial decisions emphasizing that Sec 57 and Sec 213 do not restrict the validity of wills made by Hindus outside specified territories.
References: Rajashree Mohanty VS Amita Mohanty - Orissa, BHARAT SURSINGH ASHER vs NATIONAL SECURITIES DEPOSITORY LIMITED - Kerala, S. Maldl Reddy (died) VS M. Ramakrishna Reddy - Andhra Pradesh -
Constitutionality and Discrimination
Several cases discuss whether Sec 213, as applied to certain groups, violates constitutional rights. The courts have held that Sec 213, when read with Sec 57, does not violate principles of equality, as it applies uniformly to specific categories of persons based on territorial and religious criteria.
References: Clarence Pais VS Union of India - Rajasthan, Roopa Bai VS Hukam Singh - Rajasthan -
Oral Wills and Sec 57
The law generally prohibits oral wills by Hindus after 1927, and Sec 57 does not specifically address oral wills. Probate of oral wills is not permissible under Sec 57, aligning with the general statutory restrictions.
References: In the Matter of Rajkumar Gopalsana Singh VS . - Gauhati
Analysis and Conclusion
Sec 57 of the Indian Succession Act primarily delineates the territorial and religious scope within which certain probate restrictions apply, especially to Hindus. It clarifies that probate under Sec 213 is generally required for wills made within specific territories, but outside these, the will can be proved through other evidence. The section works in conjunction with Sec 213, which governs the formalities of probate, and both are applied to ensure the validity and authenticity of testamentary documents. Judicial decisions reinforce that Sec 57 does not invalidate wills made by Hindus outside designated areas nor does it discriminate unlawfully, provided procedural requirements are met. Overall, Sec 57 aims to streamline the probate process while respecting the territorial and religious diversity of Indian testamentary law.
References:
- D. S. MERAMWALA BHAYAWALA VS BA AMARBA JETHSURBHAI - Gujarat, Clarence Pais VS Union of India - Rajasthan, Rajashree Mohanty VS Amita Mohanty - Orissa, BHARAT SURSINGH ASHER vs NATIONAL SECURITIES DEPOSITORY LIMITED - Kerala, S. Maldl Reddy (died) VS M. Ramakrishna Reddy - Andhra Pradesh, In the Matter of Rajkumar Gopalsana Singh VS . - Gauhati
Search Results for "Sec 57 of Indian Succession Act"
1967 0 Supreme(Guj) 130 • India - Gujarat
A.D.DESAI, P.N.BHAGWATI
Indian Independence Act 1947 – Sec. 7 – Saurashtra Act 24 of 1950 – Indian Succession Act –Sec. 57, 213 ... This objection was founded on sec. 213 of the Indian Succession Act but that section manifestly does not apply as Bhayavala was a Hindu the will made by him was not of the class specified in clause (a) or (b) of sec. 57 ....
1973 0 Supreme(P&H) 57 • India - Punjab and Haryana
RAJENDRA NATH MITTAL
ACT, 1956, SEC. 114, 115 - INDIAN SUCCESSION ACT, 1925, SEC. 57, SCH. ... The court relied on Sections 114 and 115 of the Indian Succession Act, 1925, which were made applicable to Hindu wills by virtue ... Succession Act, 1925. ... ... By virtue of Section 57 read with Schedule III of the Indian Succession Act#HL_E....
2001 0 Supreme(Raj) 193 • India - Rajasthan
S.RAJENDRA BABU, R.C.LAHOTI
Indian Succession Act, 1925, Sec. 57 and 213 – Probate – Whether Sec. 213 of the Act is unconstitutional so far as it is made applicable ... to testamentary succession, the law does not become discriminatory so as to be invalid. ... and restricted to Indian Christians and certain other categories of persons professing Hindu and other faiths making the probate ... The Indian Succession Ac....
2014 0 Supreme(Ori) 286 • India - Orissa
RAGHUBIR DASH
INDIAN SUCCESSION ACT, 1925 - Sec. 57 - In order to derive right under a will it is not required to probate a will, if it is executed ... in a place outside the areas specified in Sec. 57 of the Act. ... ... (2) The will which is executed in Nayagarh district is exempted from the restrictions contemplated under Section 213 of the Indian Succession Act and therefore, probating the will is not requ....
2016 Supreme(Online)(KER) 14181 • India - High Court of Kerala
SHAJI P.CHALY, J
Probate - Wills - Indian Succession Act, Sec 213, Sec 57 - The court held that the insistence on probate for a Hindu will executed ... Ratio Decidendi: Under Sec. 213 of the Indian Succession Act, probate is not required for wills made by Hindus residing outside ... Succession Act as a Hindu resident outside specific territories. ... Moreover, Sec.57#....
2001 0 Supreme(AP) 633 • India - Andhra Pradesh
P.S.NARAYANA
Indian Succession Act – Sections 213 (2) read with 57 (a) – Decree for recovery of money - Petition is directed ... certificate or letters of probate and without production of succession certificate or letters of probate the application to bring ... that the petitioners are put to strict proof of the execution of the will by the deceased and the petitioners have not filed the succession ... . 213 has no application and further it was also observed that a plain reading of Section 213 (2....
1985 0 Supreme(Kar) 127 • India - Karnataka
S.A.HAKEEM
Probate - Eviction Petition - Sec. 213 of the SUCCESSION ACT, 1925 - Sec. 21(1)(a) and (h) of the Kar. ... 213 of the SUCCESSION ACT, 1925. ... The trial Court rejected the eviction petition on the grounds of lack of probate of the will under Sec. 213 of the SUCCESSION ACT ... Section 213, has to be read with the provisions of sec. 57 of the Indian Succession #H....
1987 0 Supreme(Raj) 106 • India - Rajasthan
G.M.LODHA
Indian Succession Act—Sec. 213—Sub-clause (2) and Sec. 57 (1) (a) & (b) Whether the provisions of these secs, are violative of Art ... The District Judge has committed a mistake in relying upon the decision in Bal Kishans case(l), since that decision was given on the basis of the provisions of the Marwar Succession Act and not of the Indian Succession Act. ... He was obviously in error in throwing....
1978 0 Supreme(AP) 357 • India - Andhra Pradesh
MUKTADAR
read in conjunction with sec. 213 of the Indian succession Act will have no application. ... Indian Succession Act, 1925 - Sec. 61 read with sec. 213 - Suit by a Hindu widow for recovery of certain amount and gold from the ... . 57 would apply.
1963 0 Supreme(Gau) 36 • India - Gauhati
T.N.R.TIRUMALPAD
oral will can be granted under Sec. 276 of the Hindu Succession Act. ... Issues: Validity of an oral will made by a Hindu and the grant of probate under the Indian Succession Act. ... Oral Will - Indian Succession Act - The court held that after 1-1-1927, a Hindu cannot make an oral will and no probate of an ... Section 57(c) of the Indian Succession Act, has m....
Filter by Legal Phrase
