Home  /  Indian Succession Act  /  Section 285

Section 285: After entry of caveat, no proceeding taken on petition until after notice to caveator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 284 All 391 Sections of Indian Succession Act Section 286

Legal Commentary & Landmark Judgments: Section 285

Section 285 mandates that after the entry of a caveat, no proceeding shall be taken on the petition until notice has been served on the caveator.

  • Mandatory Notice to Caveator: No proceeding shall be taken on a petition for probate or letters of administration until notice has been given to the person by whom the caveat was entered.
  • Bar on Ex Parte Grants: Renders any ex parte grant of probate or administration passed without serving notice on an active caveator voidable and liable to summary revocation.
  • Transition to Contentious Trial: Upon receipt of notice, the caveator files his written statement/affidavit of objections, converting the petition into a contested civil suit.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court delivered an authoritative ruling that granting probate without serving notice under Section 285 on a caveator is a patent violation of natural justice warranting immediate revocation under Section 263.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that entry of a caveat under Section 284 triggers an absolute statutory freeze under Section 285.
Courtroom Practice & Strategic Litigation Guidance:

If the probate registry accidentally issues letters of administration while your Section 284 caveat was active on record, file an urgent application citing Section 285 and *Basanti Devi*; the District Judge must recall the grant immediately without going into the merits.

Section 284 All 391 Sections of Indian Succession Act Section 286