Section 264: Jurisdiction of District Judge in granting and revoking probates, etc
Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Indian Succession Act • Official Statutory Text & Practice Guide
Legal Commentary & Landmark Judgments: Section 264
Section 264 establishes the exclusive testamentary jurisdiction of the District Judge to grant and revoke probates and letters of administration across all territories within their judicial district.
This jurisdiction is exercised by the District Court as a specialized Court of Probate, possessing distinct inherent powers over testamentary matters.
The jurisdiction under Section 264 is strictly confined to the factum of the will, testamentary capacity, and due execution. A Probate Court acting under Section 264 possesses no jurisdiction to decide questions of title to the property bequeathed by the will, nor can it determine whether the testator had the ownership or power to alienate the property. If a third party claims title adverse to the testator, that dispute must be adjudicated by a regular civil court, not the probate court.
Section 264 is a vital jurisdictional boundary. Litigators contesting probate often file voluminous documents attempting to prove that the testator did not own the property or that the property was ancestral coparcenary land. Counsel for the propounder must rely on *Chiranjilal Goenka* to shut down those arguments: the probate court cannot entertain title challenges; its inquiry is strictly confined to capacity, execution, and attestation.