Application of certain provisions of Part to a class of wills made by Hindus, etc
Section 57 of the Indian Succession Act, 1925 deals with application of certain provisions of Part to a class of wills made by Hindus, etc. The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply-- (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the sa The Act came into force on 30 Sep 1925.
1[57. Application of certain provisions of Part to a class of wills made by Hindus, etc.--The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply--
(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
(b) to all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits, 2[and
(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):]
Provided that marriage shall not revoke any such will or codicil.]
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Section 57, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kanta Yadav v. Om Prakash Yadav
Court's Decision & Legal Precedent
Judgement of Main Case order-9.pdf 2019-07-24. CA 5823/2019 (SLP C 19096/2017). Hemant Gupta/Nageswara Rao. Tool said VERIFY (not DATE VERIFIED / not WRONG DOCUMENT); body is the named 24 Jul 2019 reportable. s.213 read with s.57: probate is not required to establish a Hindu will executed outside the ordinary original civil jurisdiction of the High Courts of Calcutta, Madras and Bombay (here Delhi/Punjab). Follows Clarence Pais. Clarence Pais labelled PDF remains a pronouncement ROP.
On this section: s.57 confines the probate-mandatory class of Hindu wills to those made within the ordinary original civil jurisdiction of Calcutta, Madras and Bombay; a Delhi/Punjab Hindu will is outside that class (Kanta Yadav).
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Joginder Pal vs Indian Red Cross Society
Court's Decision & Legal Precedent
Proceedings for grant of Succession Certificate under Part X of the Indian Succession Act are summary in nature. Section 387 of the Indian Succession Act explicitly provides that no decision under Part X upon any question of right between parties shall bar the trial of the same question in any suit or other proceeding between the same parties. Therefore, even if issues are raised and evidence is led in Succession Certificate proceedings, the findings therein do not operate as res judicata and do not bar a subsequent suit between the same parties on the same question of right. The principles of res judicata, as embodied in Explanation VIII to Section 11 of the Code of Civil Procedure, do not apply to decisions made in Succession Certificate proceedings because Section 387 of the Indian Succession Act provides a protective umbrella against such application.
On this section: Establishes that in Punjab and Haryana, it is not necessary to apply for Letters of Administration or Probate; Succession Certificate is the appropriate remedy
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Suresh Manilal Mehta vs Varsha Bhadresh Joshi
Court's Decision & Legal Precedent
The right to apply for probate under Article 137 of the Limitation Act, 1963 is a continuing right that can be exercised at any time after the testator's death so long as the right to do so survives. The limitation period begins when the right to apply accrues, which is when it becomes necessary to apply, not from the date of death. Delay beyond three years from the date of death arouses suspicion, but once execution and attestation of the Will are proved, the suspicion of delay no longer operates and cannot be equated with an absolute bar of limitation. A testator need not be in perfect physical or mental health to execute a valid Will; so long as the testator has sufficient capacity to discern and discreetly judge the matters that enter into a rational, fair, and just testament, testamentary capacity is established. Chronic ailments such as diabetes, hypertension, and heart disease do not per se constitute lack of testamentary capacity. Allegations of forgery must be supported by credible evidence, including expert handwriting analysis; bare assertions without foundation are insufficient. In testamentary jurisdiction, the court exercises circumspection, not suspicion, and the test is not of absolute exactitude or great precision.
On this section: Determines which Wills are compulsorily required to be probated based on the location of execution and immovable property situated in designated towns
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits." In view of sub-section (2), Section 213 will not apply to Wills made by any Hindu where such Wills are of the classes specified in Clauses (a) and (b) of Section 57. 8. Section 57 of the Indian Succession Act, 1925 which is in Part VI relating to testamentary succession, reads : 6 : as follows: " 57. Application of certain provisions of Part to a class of wills made by Hindus, etc. The provisions of this Part which are set out in Schedule III shall, subject to the …
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… The fact that the Will of M.P.Subramania Mudaliar, dated 24.12.1986, a copy of which has been produced as Ex.P4 is a Will which requires probate under Section 57 of the Indian Succession Act is admitted. In the absence of grant of probate the said Will cannot be relied upon to establish the title of the legatees/executors under the said Will. 12. Mr.K.V.Babu, learned counsel appearing for the plaintiffs would invite my attention to the decisions of this Court in …
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… Therefore, the authenticity of the Will of a Mohammedan shall be required to be considered, whenever called upon by any Court in proceedings under which the Will of a Mohammedan, as any other document, is produced and is required to be proved. Section 57 of the Indian Succession Act does not set out the extent of the properties that a Mohammedan can bequeath, any restriction not to consider any Will of any Mohammedan except if probated, and/or any other restrictions. The restrictions are only under the Muslim Personal Law. 15. Succession to the property of such …
Questions about Section 57
What have the courts held on Section 57 of the Indian Succession Act?
Kanta Yadav v. Om Prakash Yadav (24 Jul 2019) is the leading judgment on this section among those set out below: s.57 confines the probate-mandatory class of Hindu wills to those made within the ordinary original civil jurisdiction of Calcutta, Madras and Bombay; a Delhi/Punjab Hindu will is outside that class (Kanta Yadav). Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2000 to 2019.
How do I find court cases under Section 57 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 57, section 57 Succession Act, section 57 of the Indian Succession Act. People searching for it also type section 57 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Kanta Yadav v. Om Prakash Yadav (24 Jul 2019).
What should I read with Section 57 of the Indian Succession Act, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 57 of the Indian Succession Act come into force?
Section 57 of the Indian Succession Act, cited as Succession Act 57, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.