CLARENCE PAIS vs UNION OF INDIA

The Supreme Court examined the constitutionality of Section 213 of the Indian Succession Act, 1925, which mandates that no right as executor or legatee under a Will can be established without obtaining probate. The Court found that this provision disproportionately affects Indian Christians, as it does not apply uniformly to other religious communities, thereby violating Article 14 of the Constitution, which guarantees equality before the law. The Court held that the requirement of probate for Indian Christians is unconstitutional and struck down the provision as discriminatory.