Property and Law : Supreme Court Clarified the Position

 Property and Law : Supreme Court Clarified the Position 

It has been held in Clarence Pais v Union of India [2001] GCtR 2847 (SC) that "a combined reading of Sections 213 and 57 of the Indian Succession Act, 1925 would show that where the parties to the will are Hindus or the properties in dispute are not in territories falling under Section 57(a) and (b), sub-section (2) of Section 213 of the Act applies and sub-section (1) has no application. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as  22 February 2001.

Written by 

Vishal

Delhi

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