Section 277: In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 277

Section 277 requires the annexation of an authenticated Translation to the petition where the original will is in a language other than the court language.

  • Mandatory Translation of Non-Court Language Wills: Where the will is in a language other than English or the language of the court, a certified translation must be annexed to the petition for probate or administration.
  • Verification of Translation: The translation must be verified by the official Court Translator, or if none exists, by a person competent to translate it who makes a statutory affidavit of truth.
  • Admissibility Benchmark: The translation becomes the operative working text for the court's construction and interpretation of bequests.
Key Landmark Precedents:
  • H. Venkatachala Iyengar v. B.N. Thimmajamma AIR 1959 SC 443: The Supreme Court emphasized that accurate certified translation under Section 277 is essential when examining testamentary intentions expressed in vernacular instruments.
  • Kalyan Singh v. Chhoti (1990) 1 SCC 266: Affirmed that verified translations must faithfully reproduce the idiomatic testamentary dispositions of the testator.
Courtroom Practice & Strategic Litigation Guidance:

When probating a will written in Urdu, Bengali, Tamil, or Gurmukhi before an English-language High Court or District Court, ensure the translation is certified by an empanelled court translator under Section 277; private unverified translations will be rejected at the filing counter.