Home  /  Indian Succession Act  /  Section 228

Section 228: Administration, with copy annexed, of authenticated copy of will proved abroad

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 227 All 391 Sections of Indian Succession Act Section 229

Legal Commentary & Landmark Judgments: Section 228

Section 228 governs Ancillary Probate, authorizing the grant of administration with copy annexed of an authenticated copy of a will proved in a competent court outside the State.

  • Authenticated Foreign Will Copy: When a will has been proved and deposited in a court of competent jurisdiction situated outside the State or abroad, a properly authenticated copy may be produced in India.
  • Letters of Administration with Will Annexed: The Indian court grants letters of administration with a copy of such authenticated copy annexed, without requiring the original will to be produced.
  • Limited Inquiring Remit: The Indian court treats the foreign probate as prima facie proof of due execution and sanity, inquiring primarily into local assets and jurisdiction.
Key Landmark Precedents:
  • Gopal Lal v. Purna Chandra AIR 1932 PC 44: The Privy Council laid down that under Section 228, Indian courts give full credit to probates granted by foreign courts of competent jurisdiction, granting ancillary administration over Indian assets.
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court recognized that authenticated copies of foreign testamentary instruments facilitate cross-border estate administration under Section 228.
Courtroom Practice & Strategic Litigation Guidance:

For NRI clients whose wills have already been probated in the UK, USA, or Singapore, do not file for original probate in India; obtain an apostilled, certified court copy of the foreign grant and apply under Section 228 for expedited ancillary administration.

Section 227 All 391 Sections of Indian Succession Act Section 229