Section 267: District Judge may order person to produce testamentary papers

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 267

Section 267 empowers the District Judge to issue a summary order compelling any person to produce testamentary papers in his custody or possession.

  • Power to Compel Production: The District Judge may, whether any suit or proceeding is pending or not, order any person to produce and bring into court any paper or writing being or purporting to be testamentary.
  • Summary Witness Examination: If reasonable grounds exist to believe that any person has knowledge of any such paper, the Judge may summon him for oral examination in open court.
  • Contempt Penalties for Default: A person disobeying a Section 267 summons or production order is punishable with contempt of court and summary detention.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that the inquisitorial power under Section 267 is vital to prevent suppression of wills by hostile relatives who take unlawful custody of testamentary documents.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Affirmed that Section 267 enables the court to reach behind fraudulent concealments to unearth authentic testamentary instruments.
Courtroom Practice & Strategic Litigation Guidance:

If rival heirs or an estranged family lawyer refuse to hand over the original will, file an urgent application under Section 267 before the District Judge; the court will issue an immediate search and production order backed by bailable warrants.