Section 213 of ISA : Section 213: Right As Executor Or Legatee When Established

Explanation using Example

Imagine a scenario where Mr. Sharma, a Hindu, passes away leaving behind a will. In his will, he bequeaths his property to his daughter, Anjali. However, when Anjali tries to take possession of the property, she is challenged by other relatives who claim that the property should be divided among all heirs according to the Hindu Succession Act.

Anjali approaches the court to assert her rights as the sole legatee as per her father's will. The court, referencing Section 213 of the Indian Succession Act, 1925, informs her that before she can be recognized as the executor or legatee, she must obtain a probate of the will. Probate is a legal process where the court certifies that the will is valid and grants her the authority to distribute the property as per her father's wishes.

Since Mr. Sharma was a Hindu and the property is within the jurisdiction of the Indian courts, Anjali applies for and obtains the probate. With the probate in hand, she is now legally recognized as the executor of Mr. Sharma's will and can proceed to claim the property as the sole legatee.