Section 279: Addition to statement in petition, etc., for probate or letters of administration in certain cases

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 279

Section 279 mandates additional specific statements in the petition for probate or administration where the deceased died possessed of property in multiple States.

  • Nationwide Multi-State Statement: Where the petitioner prays that the grant shall have nationwide effect across India under Section 273, the petition must specifically state that the deceased had property in another State.
  • Schedule of Multi-State Assets: Must contain an exhaustive schedule setting forth the exact details, market values, and locations of all properties situated in each other State.
  • Court Fee Computation Basis: Provides the statutory baseline for calculating comprehensive court fees across inter-state asset schedules.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that Section 279 guarantees transparent accounting of inter-state assets, enabling the court to exercise valid extraterritorial jurisdiction under Section 273.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Affirmed that failure to disclose known inter-state assets under Section 279 amounts to concealment of material facts.
Courtroom Practice & Strategic Litigation Guidance:

In multi-state probate petitions, include a dedicated 'Section 279 Statement' pleading: 'The deceased died possessed of property outside the State of [X], as itemized in Schedule B; the petitioner prays that the grant be certified to have nationwide effect across India under Section 273'.