Section 300: Concurrent jurisdiction of High Court

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 300

Section 300 confers Concurrent Jurisdiction on the High Court throughout the State to grant probate and letters of administration.

  • Concurrent High Court Jurisdiction: The High Court has concurrent jurisdiction with the District Judge in the exercise of all the powers conferred on the District Judge under the Act.
  • Direct Filing in High Court: Parties may file probate and administration petitions directly on the original side of the High Court (in High Courts having ordinary original civil jurisdiction, e.g. Bombay, Calcutta, Madras, Delhi).
  • Transfer and Withdrawal Powers: The High Court may withdraw any contentious probate suit from a District Court to be tried before itself.
Key Landmark Precedents:
  • Clarence Pais v. Union of India (2001) 4 SCC 325: The Supreme Court affirmed that the concurrent jurisdiction of the High Court under Section 300 provides institutional flexibility in high-value or complex succession litigations.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that the High Court exercising Section 300 jurisdiction possesses all the in-rem powers of a principal probate court.
Courtroom Practice & Strategic Litigation Guidance:

For large commercial estates involving multi-crore assets and international properties, filing directly on the Original Side of the High Court under Section 300 ensures experienced commercial bench adjudication and nationwide execution under High Court original rules.