Indian Succession Act,1925–Secs. 57 & 213–Evidence Act, 1872–Sec. 65–Scope–Probate is quintessential for the assertion of rights accruing through a will executed by a Hindu, Buddhist, Sikh, or Jaina provided the will is executed within the territories of erstwhile Governor of Bengal, Madras, and Bombay High Court, even though the properties are situated outside such territories–Probate is also necessary if the will is made outside such territories but the same concerns the properties situated in these territories–In the instant case, trial Court rightly rejected the applications u/s. 65 as the basic document name will be executed in Calcutta sans probate was not admissible in evidence–Therefore, its photocopy/secondary evidence could not have been tendered in evidence.
