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Section 272: Probate and letters of administration may be granted by Delegate

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 271 All 391 Sections of Indian Succession Act Section 273

Legal Commentary & Landmark Judgments: Section 272

Section 272 authorizes a District Delegate to grant probate and letters of administration in all non-contentious cases within his designated jurisdiction.

  • District Delegate Authority: Probate and letters of administration may be granted by a District Delegate in any case within his assigned subdivision or district where there is no contention.
  • Statutory In-Rem Efficacy: A grant made by a District Delegate carries the same legal validity, seal, and nationwide force as a grant made by the District Judge.
  • Transfer upon Objection: The moment a caveat or formal objection is filed, the District Delegate's authority ceases, and the file must be transmitted to the District Judge under Section 286.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court affirmed that grants issued by District Delegates under Section 272 are fully valid decrees in rem, subject only to the statutory constraint of non-contention.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Held that District Delegates must strictly observe verification and citation rules to maintain the integrity of decentralized grants.
Courtroom Practice & Strategic Litigation Guidance:

When proceeding before a District Delegate under Section 272, ensure all statutory notices and citations have run their full publication period; once the period lapses without a caveat, the Delegate can issue probate immediately without reserving judgment.

Section 271 All 391 Sections of Indian Succession Act Section 273