The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are generally made applicable to everyone in India except those who are exempted under the Act. Under Section 213 of the said Act, no right as executor or legatee can be established in any Court 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. An executor of the will is therefore required to obtain a probate. From the provision of section 222, it becomes clear that probate shall be granted only to an executor appointed by the will and that such appointment may be expressed or by necessary implication.

It is true that a Probate Court is an exclusive Court dealing with probate matters and deciding issues which squarely fall within its jurisdiction. On the other hand, the ordinary civil court is not a court of limited jurisdiction. Such a Court is dealing with civil rights of the parties. The probate Court does not decide the civil rights of the parties. However, the question which exclusively fall within the jurisdiction of the Probate Court, as to whether the document put forth is the last will or codicil of the deceased and as to whether such last will or codicil was duly executed and as to whether the testator was possessing the testamentary capacity can be decided by Probate Court only and on the aforesaid issues the decision of a Probate Court, being the Court of exclusive jurisdiction, shall take precedence and it shall be binding on the Court of ordinary civil jurisdiction at all levels.