Section 288 Succession Act: Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court

Section 288 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do;

and, in that case, the same shall be sent by him to the District Judge.

Legal Commentary & Landmark Judgments: Section 288

Section 288 prescribes the mandatory procedure when contention arises before a District Delegate, requiring the transmission of the file to the District Judge.

Mandatory File Transmission: In every case where there is contention, the District Delegate must return the petition and documents to the petitioner or transmit them to the District Judge.
Conversion to Regular Suit: Upon receipt of the transmitted file by the District Judge, the proceedings are re-numbered and tried as a regular contentious civil suit under Section 295.
Hearing of Caveat Objections: The caveator is required to file his written statement within the period prescribed by the District Judge.

Key Landmark Precedents:

Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court held that transmission under Section 288 is an administrative transfer by operation of law, requiring no formal transfer petition under Section 24 CPC.
Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that contested probate trials commence de novo before the District Judge upon Section 288 transmission.

Courtroom Practice & Strategic Litigation Guidance:

Following transmission under Section 288, counsel for the petitioner should appear before the District Judge to obtain an order directing the caveator to file his affidavit in support of caveat within 14 days, failing which the caveat is discharged.

Section 288: Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court

Section 288 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 288