Supreme Court of India · 2019-07-24
Kanta Yadav vs Om Prakash Yadav
- Citation / case number
- AIR 2019 SUPREME COURT 5556
- Court
- Supreme Court of India
- Petitioner
- Kanta Yadav
- Respondent
- Om Prakash Yadav
- Author
- Hemant Gupta
- Bench
- Hemant Gupta, L. Nageswara Rao
Judgment text excerpt
The Supreme Court addressed the applicability of Section 213 of the Indian Succession Act, 1925, determining that a right as executor or legatee cannot be established without probate or letters of administration. The Court held that the bar under Section 213 does not apply to the National Capital Region of Delhi, allowing the suits regarding the Will and codicil of Zorawar Singh to proceed without probate. The Division Bench's decision to club the suits and allow common evidence was upheld.