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Section 293: Time for grant of probate and administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 292 All 391 Sections of Indian Succession Act Section 294

Legal Commentary & Landmark Judgments: Section 293

Section 293 establishes statutory cooling-off periods, prohibiting the grant of probate or letters of administration until the expiry of a specified period from the death of the deceased.

  • Seven-Day Bar on Probate: No probate of a will shall be granted until after the expiration of seven clear days from the day of the testator's death.
  • Fourteen-Day Bar on Letters of Administration: No letters of administration shall be granted until after the expiration of fourteen clear days from the day of the deceased's death.
  • Prevention of Hasty Grants: Prevents unseemly haste in capturing estate assets and allows grief-stricken families time to discover wills and enter caveats.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that the statutory waiting periods under Section 293 prevent opportunistic rush to court immediately upon a person's demise.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that Section 293 maintains procedural decency and public notice in succession proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Never file a probate petition within the first 7 days, or an administration petition within the first 14 days following death; any petition verified or filed prematurely violates Section 293 and will be rejected by the registry.

Section 292 All 391 Sections of Indian Succession Act Section 294