Section 287: Power to transmit statement to District Judge in doubtful cases where no contention

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 287

Section 287 empowers a District Delegate to transmit a statement to the District Judge in doubtful cases where there is no contention, seeking judicial directions.

  • Consultative Referral: In any case where there is no contention, but it appears to the District Delegate doubtful whether probate or administration should be granted, he may state the doubt to the District Judge.
  • High Court / District Judge Directions: The District Judge may direct the Delegate to proceed with the matter or direct that the application be transferred to the District Judge's own court.
  • Special Circumstances Coverage: Used where questions of complex foreign law, missing wills, or uncertain signatures arise in uncontested petitions.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court recognized that Section 287 provides a judicial safety-valve ensuring that complex or suspicious wills are reviewed by the senior-most District Judge.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that supervisory guidance under Section 287 preserves institutional consistency in succession administration.
Courtroom Practice & Strategic Litigation Guidance:

If a District Delegate hesitates to grant probate in an uncontested matter involving a handwritten or foreign will, request the Delegate to make a reference to the District Judge under Section 287 rather than dismissing the petition.