Sec 213 of the Indian Succession Act, 1925

Section 213 of the Indian Succession Act, 1925

(1)    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, or has granted letters of administration with the Will or with the copy of an authenticated copy of the Will annexed.

(2)    This section shall not apply in the case of Wills made by Muhammadans or Indian Christians, or and shall ONLY apply –

(i)   In the case of Wills made by any Hidu, Buddhist, Sikh or Jaina where such Wills are of the classes specified in clauses (a) and (b) of Section 57; and

(ii)  In the case of Wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such Wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and where such Wills are made outside those limits, in so far as they relate to immovable property situated within those limits.

Bank of Baroda v. Mahendra Dadha and ors, Madras High Court, citation: (1982) 2 MLJ 85, Author: S.Rathinavel Pandian, J.

Landlords’ father Milap Chand was the owner of the building: he died in 1976: one of his brother claimed right based on his Will: Bank was the Tenant: Testator’s brother was appointed as executor of the Will: The sons, as legal heirs, cannot establish title, as the executor establish his title without a probate:

Sec.213 of the Indian Succession Act created a bar to the establishment of any right under a Will by an executor or a legatee unless a probate or letters of administration of the Will have been obtained whether that right is claimed by the persons as a plaintiff or defendant, that the words of Sec.213 are not restricted only to those cases where the claim is made by a person directly claiming as legatee and that the section does not say that no person can claim as a legatee or as an executor unless he obtains probate or letters of administration of the will under which he claims. What is says is that no right as an executor or legatee can be established in any Court of Justice, unless probate or letters of administration have been obtained of the Will  under which the right is claimed and therefore, it is immaterial who wishes to establish the right as a legatee or an executor.

Whosoever wishes to establish that right, whether it be a legatee or an executor himself, or somebody else might find it necessary in order to establish his right of some legatee or executor from whom he might have derived title, he cannot do so unless the Will under which the right as a legatee or executor is claimed has resulted in the grant of a probate or letters of administration.

The sons of the legatee had not laid their claim based on the Will: hence they are landlords within the meaning of Sec.2(6) of the Tamil Nadu Building Lease and Rent Control Act. The relationship of landlord-tenant is in existence.

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