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Section 271: Disposal of application made to Judge of district in which deceased had no fixed abode

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 270 All 391 Sections of Indian Succession Act Section 272

Legal Commentary & Landmark Judgments: Section 271

Section 271 provides for the disposal of an application made to the Judge of a district in which the deceased had no fixed place of abode at the time of his death.

  • Absence of Fixed Abode: When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, the Judge may in his discretion refuse to entertain the application.
  • Discretion to Direct Transfer: The Judge may direct that the application be made to the Judge of the district in which the deceased had his fixed place of abode, or where the bulk of the estate is situated.
  • Convenience of Parties: Prevents forum shopping by requiring estate proceedings to be centered in the natural territorial hub of the family and assets.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that Section 271 prevents forum shopping by equipping the District Judge with discretion to decline jurisdiction where parties artificially choose an inconvenient venue.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that judicial discretion under Section 271 ensures that probate trials occur where evidence and witnesses are readily accessible.
Courtroom Practice & Strategic Litigation Guidance:

If an adversary files a probate petition in a distant district where the deceased owned an insignificant vacant plot while his lifetime residence and primary family reside in your city, file an application under Section 271 for return of the petition to be filed in the natural forum.

Section 270 All 391 Sections of Indian Succession Act Section 272