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Section 265: Power to appoint delegate of District Judge to deal with non-contentious cases

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 264 All 391 Sections of Indian Succession Act Section 266

Legal Commentary & Landmark Judgments: Section 265

Section 265 empowers the High Court to appoint any Judicial Officer within any district to act as a Delegate of the District Judge to grant probate and administration in non-contentious cases.

  • Appointment of District Delegates: The High Court may appoint such judicial officers within any district as it thinks fit to act as District Delegates for the grant of probate and letters of administration.
  • Jurisdiction in Non-Contentious Matters: District Delegates have jurisdiction to grant probate and administration in all cases where there is no contention or caveat entered.
  • Immediate Transfer upon Contention: The moment a caveat or written objection is filed, the matter becomes contentious and the District Delegate must immediately transfer the case to the District Judge.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court recognized that District Delegates appointed under Section 265 relieve District Judges of routine administrative succession cases, providing decentralized access to probate courts.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed the constitutional validity of delegated judicial appointments under Section 265.
Courtroom Practice & Strategic Litigation Guidance:

In uncontested probate cases outside metropolitan headquarters, filing before the local Civil Judge Senior Division designated as District Delegate under Section 265 saves clients from traveling to the District headquarters; however, if a caveat is anticipated, file directly with the District Judge.

Section 264 All 391 Sections of Indian Succession Act Section 266