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Section 286: District Delegate when not to grant probate or administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 285 All 391 Sections of Indian Succession Act Section 287

Legal Commentary & Landmark Judgments: Section 286

Section 286 bars a District Delegate from granting probate or administration in any case where there is contention or where probate ought to be refused in his court.

  • Total Ouster of Delegate Jurisdiction: A District Delegate shall not grant probate or letters of administration in any case in which there is contention.
  • Definition of Contention: Contention exists when anyone appears to oppose the grant, whether by entering a caveat, filing an objection, or appearing in person to contest.
  • Doubtful Cases Included: Applies where the District Delegate thinks that probate or administration ought to be refused or is doubtful whether it should be granted.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court affirmed that the jurisdiction of a District Delegate under Section 286 is strictly non-contentious; the moment an objection is filed, the Delegate becomes functus officio.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Held that Section 286 guarantees that contested testamentary trials are presided over exclusively by the principal District Judge.
Courtroom Practice & Strategic Litigation Guidance:

To divest a District Delegate of jurisdiction instantly, simply file a formal one-page caveat or objection under Section 284/286; the Delegate is statutorily bound to stop proceedings and transmit the record to the District Judge.

Section 285 All 391 Sections of Indian Succession Act Section 287