Clarence Pais & Ors. Etc. V. Union Of India (AIR 2001 SC 1151)

Divyanshi Bhardwaj & Karan Kaul, Jindal Global Law School, O.P. Jindal Global University

ABSTRACT

Section 213 of the Indian Succession Act, 1925, states 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, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. Furthermore, the Section also lays down that it will not apply to any case of wills made by Muhammadans or Indian Christians. The case of Clarence Pais v UOI, challenged the constitutionality of the Section posing it as unconstitutional and discriminatory towards Indian Christians.