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Section 266: District Judge's powers as to grant of probate and administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 265 All 391 Sections of Indian Succession Act Section 267

Legal Commentary & Landmark Judgments: Section 266

Section 266 delineates the general powers and jurisdiction of the District Judge in relation to the grant of probate and letters of administration.

  • Civil Court Powers: The District Judge has all the powers and authority of a Civil Court in relation to the grant of probate and administration, including enforcing attendance of witnesses and production of documents.
  • Exclusive Original Jurisdiction: Acts as the principal court of original civil jurisdiction for testing the validity of wills within the territorial limits of his district.
  • In-Rem Adjudication Authority: Empowered to administer oaths, take affidavits, and issue conclusive in-rem probate decrees under the seal of the court.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court delivered an authoritative exposition on Section 266, holding that the District Judge has exclusive jurisdiction to grant probate and that regular civil courts cannot usurp or decide the validity of a will in a title suit.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that the District Judge's powers under Section 266 are plenary in testamentary matters.
Courtroom Practice & Strategic Litigation Guidance:

Civil courts hearing partition suits cannot determine the genuineness of a will when probate proceedings are pending before the District Judge; counsel must apply under Section 10 CPC r/w Section 266 to stay the partition trial until the District Judge rules on probate.

Section 265 All 391 Sections of Indian Succession Act Section 267