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Section276
The Indian Succession Act, 1925

Petition for probate

In force From 30 Sep 1925 Act 39 of 1925 As on 14 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 2 provisions

Section 276 of the Indian Succession Act, 1925 deals with petition for probate. 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, 23 The Act came into force on 30 Sep 1925.

(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 testators 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

(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.

Section 276, 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.

This section refers to

  1. s. 237 Probate of copy or draft of lost will
  2. s. 238 Probate of contents or lost of destroyed will
  3. s. 239 Probate of copy where original exists

Referred to by 2

  1. s. 274 Transmission to High Courts of certificate of grants under proviso to section 273
  2. s. 279 Addition to statement in petition, etc., for probate or letters of administration in certain cases

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.

  1. Gurswaroop Joshi vs Beena Sharma

    Supreme Court of India 25 Apr 2006 Binding (SC)

    Court's Decision & Legal Precedent

    Interim mandatory orders cannot be passed to enforce provisions of a Will whose validity is still under appellate challenge. The appellate court must first determine the validity or otherwise of the Will before directing implementation of its terms. Mandatory injunctions that would render the substantive appeal infructuous and force parties to comply with disputed Will provisions, while the Will's validity remains undetermined, suffer from manifest error and must be set aside.

    On this section: Referenced as the statutory provision under which the respondent filed the application for grant of probate in respect of the Will.

    Read the full order on eCourts India

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 276

What have the courts held on Section 276 of the Indian Succession Act?

Gurswaroop Joshi vs Beena Sharma (25 Apr 2006) is the leading judgment on this section among those set out below: Referenced as the statutory provision under which the respondent filed the application for grant of probate in respect of the Will.

How do I find court cases under Section 276 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 276, section 276 Succession Act, section 276 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 276. 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 Gurswaroop Joshi vs Beena Sharma (25 Apr 2006).

What should I read with Section 276 of the Indian Succession Act, and has it changed?

Its own text turns on section 237 (Probate of copy or draft of lost will), section 238 (Probate of contents or lost of destroyed will), section 239 (Probate of copy where original exists), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.

When did Section 276 of the Indian Succession Act come into force?

Section 276 of the Indian Succession Act, cited as Succession Act 276, 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

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 14 Oct 2026. This page is not a substitute for legal advice.