Conclusiveness of probate or letters of administration
Section 273 of the Indian Succession Act, 1925 deals with 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 hold The Act came into force on 30 Sep 1925.
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.]
Section 273, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Joginder Pal vs Indian Red Cross Society
Court's Decision & Legal Precedent
Proceedings for grant of Succession Certificate under Part X of the Indian Succession Act are summary in nature. Section 387 of the Indian Succession Act explicitly provides that no decision under Part X upon any question of right between parties shall bar the trial of the same question in any suit or other proceeding between the same parties. Therefore, even if issues are raised and evidence is led in Succession Certificate proceedings, the findings therein do not operate as res judicata and do not bar a subsequent suit between the same parties on the same question of right. The principles of res judicata, as embodied in Explanation VIII to Section 11 of the Code of Civil Procedure, do not apply to decisions made in Succession Certificate proceedings because Section 387 of the Indian Succession Act provides a protective umbrella against such application.
On this section: Provides that Probate or Letters of Administration have conclusive effect over all property of the deceased and are conclusive as to representative title of executor or legatee
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 273
What have the courts held on Section 273 of the Indian Succession Act?
Joginder Pal vs Indian Red Cross Society (29 Sep 2000) is the leading judgment on this section among those set out below: Provides that Probate or Letters of Administration have conclusive effect over all property of the deceased and are conclusive as to representative title of executor or legatee.
How do I find court cases under Section 273 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 273, section 273 Succession Act, section 273 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 273. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Joginder Pal vs Indian Red Cross Society (29 Sep 2000).
What should I read with Section 273 of the Indian Succession Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 273 of the Indian Succession Act come into force?
Section 273 of the Indian Succession Act, cited as Succession Act 273, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.