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2020 (10) TMI 335 - Tri - Companies LawDirection to Respondent's Company to issue a share certificate - transfer of interest on the basis of will - Whether a person can transfer any interest on the basis of Will or not? - HELD THAT:- Section 213(1) of Indian Succession Act says that no right as executor or legatee can be established in any court of justice unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, but sub-section 2 of the Section 213 says that this section is not applicable in case of a Will made by the Mohammadans and shall applicable only in the case of Will made by Hindu, Buddhist, Sikh or Jain, where such Wills are of the class specified in Clause (a) and (b) or Section 57 of Indian Succession Act. Territorial Jurisdiction - HELD THAT:- Decision of the Hon'ble Madras High Court upon which the Learned Counsel appearing for the Petitioner placed reliance is considered, and it is found that Hon'ble Madras High Court in a case P. Ranganathan and Others Vs. Sai Jagannathan and Others [1995 (8) TMI 339 - MADRAS HIGH COURT ] considered the territorial jurisdiction of Saidapet and held that the property situated in Saidapet is outside the original territorial jurisdiction of the Madras High Court - in the light of that decision when we shall consider the case in hand then we find that here in the case in hand also the property is situated in Saidapet, which according to the decision of the Hon'ble Madras High Court is outside the original territorial jurisdiction of the Madras High Court. Therefore, a combined reading of Sections 213 and 57 of the Act would show that where the parties to the Will are Hindus or the properties in dispute are not in territories falling u/s 57(a) and (b), Sub-section (2) of Section 213 of the Act applies and Sub-section (1) Section 213 of Indian Succession Act has no application. As a consequence, a Probate will not be required to be obtained in respect of a Will made outside those territories - Section 213(1) of the Indian Succession Act is not applicable, it is not necessary to grant a probate of the Will. Thus, since the will is executed outside the original territorial jurisdiction of the Madras High Court, therefore, Section 57(a) of the Indian Succession Act read with Section 213(2) of the Indian Succession Act, it is not required to grant a probate, hence even if the Probate is not granted, a person can transfer any interest on the basis of Will. Hence, the question is decided in affirmative - main case is listed for final hearing on 03.07.2020.
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