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Section 237: Probate of copy or draft of lost will

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 236 All 391 Sections of Indian Succession Act Section 238

Legal Commentary & Landmark Judgments: Section 237

Section 237 governs the Probate of a Copy or Draft of a Lost Will, permitting probate where a will was lost or mislaid since the testator's death, or destroyed by accident.

  • Statutory Proof of Lost Will: When a will has been lost or mislaid since the testator's death, or destroyed by accident and not by any act of the testator, probate may be granted of a copy or draft.
  • Limited Until Original Produced: The grant is expressly limited in duration until the original will or an authenticated copy thereof is produced.
  • Presumption of Revocation Overcome: The propounder must adduce cogent evidence to rebut the legal presumption that a missing will was destroyed by the testator with the intention of revoking it (animus revocandi).
Key Landmark Precedents:
  • Suguna v. Thulasi AIR 2005 Mad 157: The Madras High Court delivered a landmark ruling on Section 237, holding that secondary evidence of a lost will (such as a photocopy or draft) is admissible provided accidental loss post-demise is conclusively proved.
  • H. Venkatachala Iyengar v. B.N. Thimmajamma AIR 1959 SC 443: The Supreme Court's rigorous standard of proof of testamentary execution applies with heightened vigilance when probating a copy of a lost will under Section 237.
Courtroom Practice & Strategic Litigation Guidance:

In petitioning under Section 237, counsel must establish: (1) that the original will was validly executed and attested; (2) that it was in existence at or after the testator's death; and (3) the exact circumstances of loss or accident (e.g. fire, theft, or transit loss supported by police reports).

Section 236 All 391 Sections of Indian Succession Act Section 238