Lawgist273Conclusiveness 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 property and 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***.]
3[The proviso to this section shall apply in 4[India]5 after 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.]
6[The proviso shall also apply in 4[India] 7*** 8 after 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.]
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1. Subs. by the A.O. 1948, for "the whole of British India" .
2. The words of "India" omitted by the A.O. 1950.
3. Ins. by the A.O. 1937.
4. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
5. 1st April, 1937.
6. Added by the A.O. 1948.
7. The words "of India" omitted by Act 42 of 1953, s. 4 and Sch. III.
8. 15th August, 1947.
- 264 Jurisdiction of District Judge in granting and revoking probates, etc
- 265 Power to appoint delegate of District Judge to deal with non-contentious cases
- 266 District Judge’s powers as to grant of probate and administration
- 267 District Judge may order person to produce testamentary papers
- 268 Proceedings of District Judge’s Court in relation to probate and administration
- 269 When and how District Judge to interfere for protection of property
- 270 When probate or administration may be granted by District Judge
- 271 Disposal of application made to Judge of district in which deceased had no fixed abode
- 272 Probate and letters of administration may be granted by Delegate
- 273 Conclusiveness of probate or letters of administration
- 274 Transmission to High Courts of certificate of grants under proviso to section 273
- 275 Conclusiveness of application for probate or administration if properly made and verified
- 276 Petition for probate
- 277 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- 278 Petition for letters of administration
- 279 Addition to statement in petition, etc., for probate or letters of administration in certain cases
- 280 Petition for probate, etc., to be signed and verified
- 281 Verification of petition for probate, by one witness to will
- 282 Punishment for false averment in petition or declaration
- 283 Powers of District Judge
- 284 Caveats against grant of probate or administration
- 285 After entry of caveat, no proceeding taken on petition until after notice to caveator
- 286 District Delegate when not to grant probate or administration
- 287 Power to transmit statement to District Judge in doubtful cases where no contention
- 288 Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court
- 289 Grant of probate to be under seal of Court
- 290 Grant of letters of administration to be under seal of Court
- 291 Administration-bon
- 292 Assignment of administration-bon
- 293 Time for grant of probate and administration
- 294 Filing of original wills of which probate or administration with will annexed granted
- 295 Procedure in contentious cases
- 296 Surrender of revoked probate or letters of administration
- 297 Payment to executor or administrator before probate or administration revoked
- 298 Power to refuse letters of administration
- 299 Appeals from orders of District Judge
- 300 Concurrent jurisdiction of High Court
- 301 Removal of executor or administrator and provision for successor
- 302 Directions to executor or administrator
