MRS. HEM NOLINI JUDAH (SINCE DECEASED) AND AFTER HER LEG vs MRS. ISOLYNE SAROJBASHINI BOSEAND OTHERS

The Supreme Court held that under Section 213(1) of the Indian Succession Act, 1925, no person can establish a right under a will unless probate or letters of administration have been obtained. The Court ruled that the claims of the parties were barred by res judicata and estoppel, as the trial court found that the defendant-appellant became the owner of the house under the will of Dr. Miss Mitter. The High Court's decision to grant equal shares to the mother and daughters was overturned, affirming the necessity of probate for establishing rights under a will.