253. Administration limited to collection and preservation of deceased’s property.—
In any case
in which it appears necessary for preserving the property of a deceased person, the Court within whose
jurisdiction any of the property is situate may grant to. any person, whom such Court may think fit, letters
of administration limited to the collection and preservation of the property of the deceased and to the
giving of discharges for debts due to his estate, subject to the directions of the Court.
254. Appointment, as administrator, of person other than one who, in ordinary circumstances,
would be entitled to administration.—
(1) When a person has died intestate, or leaving a will of which
there is no executor willing and competent to act or where the executor is, at the time of the death of such
person, resident out of the State, and it appears to the Court to be necessary or convenient toappoint some
person to administer the estate or any part thereof, other than the person who, in ordinary circumstances,
71
would be entitled to a grant of administration, the Court may, in its discretion, having regard to
consanguinity, amount of interest, the safety of the estate and probability that it will be properly
administered, appoint such person as it thinks fit to be administrator.
(2) In every such case letters of administration may be limited or not as the Court thinks fit,
Grants with exception
255. Probate or administration, with will annexed, subject to exception.—Whenever the nature of
the case requires that an exception be made, probate of a will, or letters of administration with the will
annexed, shall be granted subject to such exception.
256. Administration with exception.—Whenever the nature of the case requires that an exception be
made, letters of administration shall be granted subject to such exception.
Grants of the rest
257. Probate or administration of rest.—Whenever a grant with exception of probate, or of letters
of adminiStration with or without the will annexed, has been made, the person entitled to probate or
administration of the remainder of the deceased's estate may take a grant of probate or letters of
administration, as the case may be, of the rest of the deceased's estate.
Grant of effects unadministered
258. Grant of effects unadministered.—If an executor to whom probate has been granted has died,
leaving a part of the testator's estate unadministered, a new representative may be appointed for the
purpose of administering such part of the estate.
259. Rules as to grants of effects unadministered.—In granting letters of administration of an estate
not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall
grant letters of administration to those persons only to whore original grants might have been made.
260. Administration when limited grant expired and still some part of estate unadministered.—
When a limited grant has expired, by efflux of time, or the happening of the event or contingency on,
which it was limited, and there is still some part of the deceased's estate unadministered, letters of
administration shall be granted to those persons to whom original grants might have been made.
CHAPTER III.—Alteration and Revocation of Grants
261. What errors may be rectified by Court.—Errors in names and descriptions, or in setting forth
the time and place of the deceased’s death or the purpose in a limited grant, may be rectified by the Court
and the grant of probate or letters of administration may be altered and amended accordingly.
262. Procedure where codicil discovered after grant of administration with will annexed.—If,
after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added
to the grant on due proof and identification, and the grant may be altered and amended accordingly.
263. Revocation or annulment for just cause.—Thegrant of probate or letters of administration may
be revoked or annulled for just cause.
Explanation.—Just cause shall be deemed to exist where—
(a) the proceedings to obtain the grant were defective in substance; or
(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the
Court something material to the case; or
(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to
justify the grant, though such allegation was made in ignorance or inadvertently; or
(d) the grant has become useless and inoperative through circumstances; or
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(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to
exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has
exhibited under that Chapter an inventory or account which is untrue in a material respect.
Illustrations
(i) The Court by which the grant was made had no jurisdiction.
(ii) The grant was made without citing parties who ought to have been iited.
(iii) The will of which probate was obtained was forged or revoked.
(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was
never married to him.
(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.
(vi) Since probate was granted, a later will has been discovered.
(vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of
executors under the will.
(viii) The person to whom probate was, or letters of administration were, granted has subsequently become of
unsound mind.
CHAPTER IV.—Of the Practice in granting and revoking Probates andLettersof Administration
264. Jurisdiction of District Judge in granting and revoking probates, etc.—
(1) The District
Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases
within his district.
(2) Except incrases to which section 57 applies, no Court in any local area beyond the limits ofthe
towns of Calcutta, Madras and Bomba1*** shall, where the deceased is a Hindu,Muhammadan,Buddhist,
Sikh or Jaina or an exempted person, receive applications for probate or letters ofadministration until the
State Government has, by a notification in the Official Gazette, authorised it so to do.
265. Power to appoint delegate of District Judge to deal with non-contentious cases.—
(1) The
High Court may appoint such judicial officers within any district as it thinks fit to act for the District
Judge as delegates to grant probate and letters of administration in non-contentious cases, within such
local limits as it may prescribe:
Provided that , in the case of High Courts not established by Royal Charter, such appointments shall
not be without the previous sanction of the State Government.
(2) Persons so appointed shall be called “District Delegates”.
STATE AMENDMENT
Karnataka
Amendment of Central Act 39 of 1925.—In the Indian Succession Act, 1925 (Central Act 39 of
1925) as in force in the State of Karnataka, section 265 shall be omitted.
[Vide Karnataka Act 28 of 1978, s. 4].
266. District Judge’s powers as to grant of probate and administration.—The District Judge shall
have the like powers and authority in relation to the granting of probate and letters of administration and
all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding
pending in his Court.
267. District Judge may order person to produce testamentary papers.—
(1) The District Judge
may order any person to produce and bring into Court any paper or writing, being or purporting to be
testamentary, which may be shown to be in the possession or under the control of such person.
(2) If it is not shown that any such paper or writing is in the possession or under the control of such
person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court
may direct such person to attend for the purpose of being examined respecting the same.
1. The words “and the province of Burma” omitted by the A.O. 1937.
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(3) Such person shall be bound to answer truly such question as may be put to him by the Court, and,
if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment
under the Indian Penal Code (45 of 1860), in case of default in not attending or in notanswering such
question or not bringing in such paper or writing, as he would have been subject to in case he had been a
party to a suit and had made such default.
(4) The costs of the proceeding shall be in the discretion of the Judge.
268. Proceedings of District Judge’s Court in relation to probate and administration.—The
proceeding of the Court of the District Judge in relation to the granting of probate and letters of
administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of
the case permit, by the Code of Civil Procedure, 1908 (5 of 1908).
269. When and how District Judge to interfere for protection of property.—
(1) Until probate is
granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge,
within whose jurisdiction any part of the property of the deceased person is situate, is authorised and
required to interfere for the protection of such property at the instance of any person claiming to be
interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss
or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the
property,
(2) This section shall not apply when the deceased' is a Hindu, Muhammadan, Buddhist, Sikh or Jaina
or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died
intestate.
270. When probate or administration may be granted by District Judge.—Probate of the will or
letters of administration to the estate of a deceased person may be granted by a District Judge under the
seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the
same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of
abode, or any property, moveable or immoveable, within the jurisdiction of the Ridge.
271. Disposal of application made to Judge of district in which deceased had no fixed abode.—
When the application is made to the Judge of a district in which the deceased had no fixed abode at the
time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it
could be disposed of more justly or conveniently in another district, or, where the application is for letters
of administration, to grant them absolutely, or limited to the property within his own jurisdiction.
272. Probate and letters of administration may be granted by Delegate.—Probate and letters of
administration may, upon application for that purpose to any District Delegate, be granted by him in any
case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the
testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the
jurisdiction of such Delegate.
273. Conclusiveness of probate or letters of administration.—Probate or letters of administration
shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout
the State in which the same is or are granted, and shall be conclusive as to the representative title against
all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full
indemnity to all debtors, paying their debts and all persons delivering up such property to the person to
whom such probate or letters of administration have been granted:
Provided that probates and letters of administration granted—
(a) by a High Court, or
(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode
situate within the jurisdiction of such Judge, and such Judge certifies that the value of the propertyand
estate affected beyond the limits of the State does not exceed ten thousand rupees,shall, unless
otherwise directed by the grant, have like effect throughout 1[the other States 2***].
1. Subs. by the A.O. 1948, for “the whole of British India “.
2. The words “of India” omitted by the A.O. 1950.
74
1
[The proviso to this section shall apply in 2[India] 3after the separation of Burma and Aden from
India to probates and letters of administration granted in Burma and Aden before the date of the
separation, or after that date in proceedings which were pending at that date.]
4
[The proviso shall also apply in 2[India] 5*** 6after the separation of Pakistan from India to probates
and letters of administration granted before the date of the separation, or after that date in procedings
pending at that date, in any of the territories which on that date constituted Pakistan.]
274. Transmission to High Courts of certificate of grants under proviso to section 273.—
(1)
Where probate or letters of administration has or have been granted by a High Court or District Judge
with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a
certificate thereof to the following Courts, namely:—
(a) when the grant has been made by a High Court, to each of the other High Courts;
(b) when the grant has been made by a District Judge, to the High Court to which such District
Judge is subordinate and to each of the other High Courts.
(2) Every certificate referred to in sub-section
(1) shall be made as nearly as circumstances admit in
the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same.
(3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in
sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court
required to send the certificate referred to in sub-section
(1) shall send a copy thereof to such District
Judge, and such copy shall be filed by the District Judge receiving the same.
275. Conclusiveness of application for probate or administration if properly made and
verified.—The application for probate or letters of administration, if made and verified in the manner
hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or
administration; and no such grant shall be impeached by reason only that the testator or intestate had no
fixed place of abode or no property within the district at the time of his death, unless by a proceeding to
revoke the grant if obtained by a fraud upon the Court.
276. Petition for probate.—
(1) Application for probate or for letters of administration, with the will
annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in
proceedings before the Court in which the application is made, with the will or, in the cases mentioned in
sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—
(a) the time of the testator’s death,
(b) that the writing annexed is his last will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner’s hands, and
(e) when the application is for probate, that the petitioner is the executor named in the will.
(2) In addition to these particulars, the petition shall further state,—
(a) when the application is to the District Judge, that the deceased at the time of his death had a
fixed place of abode, or had some property, situate within the jusrisdiction of the Judge; and
1. Ins. by the A.O. 1937.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
3. 1st April, 1937.
4. Added by the A.O. 1948.
5. The words “of India” omitted by Act 42 of 1953, s. 4 and Sch. III.
6. 15th August, 1947.
75
(b) when the application is to a District Delegate, that the deceased at the time of his death had a
fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the
petitioner's hands is situate in another State, the petition shall further state the amount of such assets in
each State and the District Judges within whose jurisdiction such assets are situate.
277. In what cases translation of will to be annexed to petition. Verification of translation by
person other than Court translator.—In cases wherein the will, copy or draft, is written in any
language other than English or than that in ordinary use in proceedings before the Court, there shall be a
translation thereof annexed to the petition by a translator of the Court, if the language be one for which a
translator is appointed; or, if the will, copy or draft, is in any other language, then by any person
competent to translate the same, in which case such translation shall be verified by that person in the
following manner, namely:—
“I (A.B.) do declare that I read and perfectly understand the language and character of the
original, and that the above is a true and accurate translation thereof.”
278. Petition for letters of administration.—
(1) Application for letters of administration shall be
made by petition distinctly written as aforesaid and stating—
(a) the time and place of the deceased's death;
(b) the family or other relatives of the deceased, and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come to the petitioner's hands;
(e) when the application is to the District Judge, that the deceased at the time of his death had a
fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to a District Delegate, that the deceased at the time of his death had a
fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the
petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in
each State and the District Judges within whose jurisdiction such assets are situate.
279. Addition to statement in petition, etc., for probate or letters of administration in certain
cases.—
(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for
probate of a will or letters of administration of an estate intended to have effect throughout 1[India], shall
state in his petition, in addition to the matters respectively required by section 276 and section 278, that to
the best of his belief no application has been made to any other Court for a probate of the same will or for
letters of administration of the same estate, intended to have such effect as last aforesaid,
or, where any such application has been made, the Court to which it was made, the person or persons by
whom it was made and the proceedings (if any) had thereon.
(2) The Court to which any such application is made under the proviso to section 273 may, if it thinks
fit, reject the same.
280. Petition for probate, etc., to be signed and verified.—The petition for probate or letters of
administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be
verified by the petitioner in the following manner, namely:—
“I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best
of my information and belief.”
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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281. Verification of petition for probate, by one witness to will.—Where the application is for
probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in
the manner or to the effect following, namely:—
“I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above
petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or
that the said testator acknowledged the writing annexed to the above petition to be his last will and
testament in my presence).”
282. Punishment for false averment in petition or declaration.—If any petition or declaration
which is hereby required to be verified contains any averment which the person making the verification
knows or believes to be false, such person shall be deemed to have committed an offence under section
193 of the Indian Penal Code (45 of 1860).
283. Powers of District Judge.—
(1) In all cases the District Judge or District Delegate may, if he
thinks proper,—
(a) examine the petitioner in person, upon oath;
(b) require further evidence of the due execution of the will or the right of the petitioner to the
letters of administration, as the case may be;
(c) issue citations calling upon all persons claiming to have any interest in the estate of the
deceased to come and see the proceedings before the grant of probate or letters of administration.
(2) The citation shall be fixed up in some conspicuous part of the courthouse, and also in the office of
the Collector of the district and otherwise published or made known in such manner as the Judge or
District Delegate issuing the same may direct.
(3) Where any portion of the assets has been stated by the petitioner to be situate within the
jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of
the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it
were a citation issued by himself, and shall certify such publication to the District Judge who issued the
citation.
284. Caveats against grant of probate or administration.—
(1) Caveats against the grant of probate
or administration may be lodged with the District Judge or a District Delegate.
(2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to
the District Judge.
(3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the
District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at
the time of his death, and to any other Judge or District Delegate to whom it may appear to the District
Judge expedient to transmit the same.
Form of caveat.—
(4) The caveat shall be made as nearly as circumstances admit in the form set forth
in Schedule V.
285. After entry of caveat, no proceeding taken on petition until after notice to caveator.—No
proceeding shall be taken on a petition for probate or letters of administration after a caveat against the
grant thereof has been entered with the Judge or District Delegate to whom the application has been made
or notice has been given of its entry with some other Delegate, until after such notice to the person by
whom the same has been entered as the Court may think reasonable.
286. District Delegate when not to grant probate or administration.—A District Delegate shall
not grant probate or letters of administration in any case in which there is contention as to the grant, or in
which it otherwise appears to him that probate or letters of administration ought not to be granted in his
Court.
Explanation.—“Contention” means the appearance of any one in person, or by his recognizedagent,
or by a pleader duly appointee to act on his behalf, to oppose the proceeding.
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287. Power to transmit statement to District Judge in doubtful cases where no contention.—In
every case in which there is no contention, but it appears to the District Delegate doubtful whether the
probate or letters of administration should or should not be granted, or when any question arises in
relation to the grant, or application for the grant, of any probate or letters of administration, the District
Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who
may direct the District Delegate to proceed in the matter of the application, according to such instructions
as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in
relation to the matter of such application, leaving the party applying for the grant in question to make
application to the Judge.
288. Procedure where there is contention of District Delegate thinks probate or letters of
administration should be refused in his Court.—In every case in which there is contention, or the
District Delegate is of opinion that the probate or letters of administration should be refused in his Court,
the petition, with any documents which may have been filed therewith, shall be returned to the person by
whom the application was made, in order that the same may be presented to the District Judge, unless the
District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby
authorised to do; and, in that case, the same shall be sent by him to the District Judge.
289. Grant of probate to be under seal of Court.—When it appears to the District Judge or District
Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the
form set forth in Schedule VI.
290. Grant of letters of administration to be under seal of Court.—When it appears to the District
Judge or District Delegate that letters of administration to the estate of a person deceased, with or without
a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the
form set forth in Schedule VII.
291. Administration-bond.—
(1) Every person to whom any grant of letters of administration, other
than a grant under section 241, is committed, shall give a bond to the District Judge with one or more
surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased,
which bond shall be in such form as the Judge may, by general or special order, direct.
(2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person—
(a) the exception made by sub-section
(1) in respect of a grant under section 241 shall not
operate.
(b) the District Judge may demand a like bond from any person to whom probate is granted.
292. Assignment of administration-bond.—The Court may, on application made by petition and on
being satisfied that the engagement of any such bond has not been kept, and upon such terms as to
security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit,
assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on
the said bond in his or their own name or names as if the same had been originally given to him or them
instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all persons
interested, the full amount recoverable in respect of any breach thereof,
293. Time for grant of probate and administration.—No probate of a will shall be granted until
after the expiration of seven clear days, and no letters of administration shall be granted until after the
expiration of fourteen clear days, from the day of the testator or intestate’s death.
294. Filing of original wills of which probate or administration with will annexed granted.—
(1)
Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or
letters of administration with the will annexed may be granted by him, among the records of his Court,
until some public registry for wills is established.
78
(2) The State Government shall make regulations for the preservation and inspection of the wills so
filed.
295. Procedure in contentious cases.—In any case before the District Judge in which there is
contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the
provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters
of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose
the grant shall be the defendant.
296. Surrender of revoked probate or letters of administration.—
(1) When a grant of probate or
letters of administration is revoked or annulled under this Act, the person to whom the grant was made
shall forthwith deliver up the probate or letters to the Court which made the grant.
(2) If such person willfully and without reasonable cause omits so to deliver up the probate or letters,
he shall be punishab
