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Section 294: Filing of original wills of which probate or administration with will annexed granted

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 293 All 391 Sections of Indian Succession Act Section 295

Legal Commentary & Landmark Judgments: Section 294

Section 294 mandates the permanent filing and safe custody of original wills in the court of the District Judge after probate or administration with will annexed is granted.

  • Permanent Court Custody: Every original will of which probate or letters of administration with will annexed is granted shall be filed and preserved in the court of the District Judge.
  • Public Record Status: The original will forms part of the permanent judicial records of the State and cannot be returned to the executor or propounder.
  • Inspection and Certified Copies: Any person may inspect the original will and obtain certified copies upon payment of prescribed fees.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that under Section 294, original wills become permanent public documents under judicial seal, preventing tampering or subsequent substitution.
  • H. Venkatachala Iyengar v. B.N. Thimmajamma AIR 1959 SC 443: Emphasized that judicial preservation of original wills under Section 294 guarantees forensic verification in subsequent disputes.
Courtroom Practice & Strategic Litigation Guidance:

Inform executors that the court will retain the original handwritten will permanently under Section 294; advise them to keep high-resolution color photographs and certified copies of the original will before depositing it in court.

Section 293 All 391 Sections of Indian Succession Act Section 295