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Section 270: When probate or administration may be granted by District Judge

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 269 All 391 Sections of Indian Succession Act Section 271

Legal Commentary & Landmark Judgments: Section 270

Section 270 defines the Territorial Jurisdiction of the District Judge, providing that probate or letters of administration may be granted if the deceased had a fixed place of abode or property within the district.

  • Dual Jurisdictional Nexus: Probate or letters of administration may be granted by the District Judge if the deceased at the time of his death had: (1) a fixed place of abode within the district; or (2) any property and assets within the district.
  • Jurisdiction of Residence: The court where the deceased resided permanently has primary jurisdiction, even if assets are situated elsewhere in India.
  • Jurisdiction of Asset Location: If the deceased had no fixed abode within the district, the presence of even a single piece of movable or immovable property confers jurisdiction.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that Section 270 establishes clear statutory territorial parameters, empowering the District Judge to entertain petitions where either residence or property is located within the district.
  • Sondur Gopal v. Sondur Rajini (2013) 7 SCC 426: Recognized that residence and situs of assets under Section 270 govern domestic jurisdiction across India.
Courtroom Practice & Strategic Litigation Guidance:

In drafting paragraph 1 of a probate petition, counsel must explicitly plead the Section 270 jurisdictional nexus: specify either that 'the deceased had his fixed place of abode at [address within district]' or that 'assets of the deceased, including Bank Account No. [X], are situated within the territorial limits of this Court'.

Section 269 All 391 Sections of Indian Succession Act Section 271