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Joginder Singh vs The State on 16 July, 2013 cites

H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958

7. First and foremost, Section 276 of the Indian Succession Act, 1925 prescribes as to how a petition for grant of probate or letter of Administration with Will annexed can be made before a court. The section mandatorily postulates filing of the original Will on record as and when a petition is filed before the probate court, propounding a Will. The section however provides three exceptions from filing of original Will which has also been referred to in section 237, 238 and 239 and cover the cases where a limited grant (in duration) is given by the court in respect of either lost or destroyed Will or in the eventuality when the propounder though in knowledge but not in possession of the Will has already requested the person in possession of the Will who in turn has either refused or neglected to deliver it to the propounder, though a copy of the same has been given to the executor. The law prescribes that even in such a case a limited grant can be given by a probate court uptil a Will or its authenticated copy is produced by the propounder. Thus section 276 of the Indian Succession Act, 1925 mandates the filing of original Will unless the case is strictly covered within the purview of exceptions mentioned aforesaid. The rational behind the filing of the original Will has been discussed in a catena of judgment of Hon'ble Supreme Court as earlier as in 1959 when in a celebrated case reported as (1959 Supp. 1 SCR 426 titled H. Venkatachala Iyengar Vs. B. N. Thimmajamma which has recently been reiterated by the Hon'ble Apex Court in Vol.
Supreme Court of India Cites 14 - Cited by 1203 - P B Gajendragadkar - Full Document
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