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Section 289: Grant of probate to be under seal of Court

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 288 All 391 Sections of Indian Succession Act Section 290

Legal Commentary & Landmark Judgments: Section 289

Section 289 prescribes that every grant of probate must be issued under the seal of the court and must follow the statutory format set forth in Schedule VI.

  • Issuance Under Court Seal: Probate shall be granted under the seal of the court in the form set forth in Schedule VI of the Act.
  • Annexure of Copy of Will: A verified, certified copy of the will must be formally annexed to the probate grant, forming an integral part of the sealed instrument.
  • Official Judicial Certification: Certifies that the will was proved before the court and that administration of all the estate has been committed to the named executor.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court emphasized that probate issued under Section 289 bearing the seal of the court is the conclusive authentic parchment establishing testamentary authority.
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: Affirmed that third parties dealing with executors are entitled to rely exclusively on the sealed probate issued under Section 289.
Courtroom Practice & Strategic Litigation Guidance:

Financial institutions and land registries cannot demand the original handwritten will; the sealed probate parchment with the certified copy annexed issued under Section 289 is the sole conclusive legal proof of the executor's title across India.

Section 288 All 391 Sections of Indian Succession Act Section 290