Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 217 of Indian Succession Act: Application of Part for Grant of Probate and Letters of Administration
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part.
Section 217 enacts the universal statutory rule that all grants of probate and letters of administration, and the administration of assets of deceased persons, must be carried out in accordance with Part IX.
Core Legal Standard: Section 217 establishes the comprehensive statutory supremacy of Part IX across India.
Operational Mechanism: It enacts that save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of assets of the deceased in cases of intestate succession shall be made and carried out in accordance with the provisions of this Part.
This provision confirms that Part IX is the exclusive procedural and substantive code governing testamentary administration. No party can resort to customary practices, informal arbitrations, or private agreements to grant probate or administer estates outside the judicial framework enacted in Part IX. It binds all religious communities—including Hindus, Christians, and Parsis—whenever formal probate or letters of administration are sought from the court.
Key Landmark Precedents:
Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507: The Supreme Court held that the Probate Court has exclusive jurisdiction under Section 217 to grant probate and letters of administration. An arbitrator or civil court cannot grant probate or adjudicate upon the validity of a will in lieu of the probate court.
Crystal Developers v. Asha Lata Ghosh, (2005) 9 SCC 92: The Supreme Court reaffirmed that Section 217 establishes an exhaustive statutory code regulating the administration and transmission of deceased estates.
Legal Commentary:
Section 217 is a jurisdictional shield. When parties to an inheritance dispute attempt to refer the question of a will's genuineness to private arbitration, counsel should cite Section 217 and *Chiranjilal Goenka*: probate jurisdiction is exclusively testamentary, in rem, and cannot be bypassed or delegated to an arbitrator.
Legal Commentary & Landmark Judgments: Section 217
Section 217 enacts the universal statutory rule that all grants of probate and letters of administration, and the administration of assets of deceased persons, must be carried out in accordance with Part IX.
This provision confirms that Part IX is the exclusive procedural and substantive code governing testamentary administration. No party can resort to customary practices, informal arbitrations, or private agreements to grant probate or administer estates outside the judicial framework enacted in Part IX. It binds all religious communities—including Hindus, Christians, and Parsis—whenever formal probate or letters of administration are sought from the court.
Section 217 is a jurisdictional shield. When parties to an inheritance dispute attempt to refer the question of a will's genuineness to private arbitration, counsel should cite Section 217 and *Chiranjilal Goenka*: probate jurisdiction is exclusively testamentary, in rem, and cannot be bypassed or delegated to an arbitrator.