Section 274: Transmission to High Courts of certificate of grants under proviso to section 273

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 274

Section 274 mandates the transmission of Certificates of Grants to the High Courts where a grant has nationwide effect beyond the State.

  • Transmission of Nationwide Grants: Where probate or letters of administration are granted with nationwide effect under the proviso to Section 273 (estate exceeding prescribed value spanning multiple States), a certificate must be sent to the High Courts.
  • Notification to Other High Courts: The court making the grant must transmit a certificate in the prescribed form to the High Court having jurisdiction over each other State where property is situated.
  • Nationwide Public Notice: The receiving High Courts file the certificate and cause a copy to be sent to the District Courts, ensuring public record-keeping against conflicting grants.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court highlighted that statutory transmission under Section 274 coordinates probate administration across federal boundaries, preventing parallel fraudulent grants in other states.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that Section 274 maintains nationwide institutional harmony in recognizing testamentary titles.
Courtroom Practice & Strategic Litigation Guidance:

If your client's grant includes commercial properties in Mumbai and Bengaluru while probate was issued in Delhi, ensure the registry issues formal Section 274 transmission certificates to the Bombay and Karnataka High Courts; this enables seamless local mutation.