Probate
Also called: Grant of probate
The copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (Section 2(f) of the Indian Succession Act, 1925).
Explained
Section 2(f) of the Indian Succession Act, 1925 defines probate as the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. Probate is thus the court's formal recognition that the will is genuine and validly executed, coupled with authority to the executor to administer the estate.
Under Section 222, probate can be granted only to an executor appointed by the will, and the appointment may be express or by necessary implication. Where there is a will but no executor, or the executor cannot or will not act, the court grants letters of administration with the will annexed instead, for example to a universal or residuary legatee under Section 232. The District Judge has jurisdiction to grant and revoke probate under Section 264, and Section 276 lays down what the petition must state. A grant may be revoked for just cause under Section 263, such as defective proceedings or fraud.
Section 227 states the effect: probate establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such. Under Section 273 it is conclusive as to the representative title against debtors of the deceased and persons holding his property, throughout the State in which it is granted. Section 211 makes the executor the legal representative of the deceased for all purposes. It is settled that the probate court decides only the genuineness and due execution of the will, not questions of title to the property. Section 213, which barred establishing a right as executor or legatee without probate for wills covered by Section 57, stands omitted by the Repealing and Amending Act, 2025.
Under the BSA, Exception 2 to Section 94 allows a will admitted to probate in India to be proved by the probate, and Section 35 makes a final judgment in probate jurisdiction relevant as one conferring a legal character. Examiners test who may obtain probate, the difference from letters of administration, and the effect under Sections 227 and 273.
What the law says
(f) “probate” means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator;
Clause (f) defines probate
(1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.
Illustrations
Probate only to an executor appointed by the will
Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.
Effect of probate
Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted:
Provided that probates and letters of administration granted—
(a) by a High Court, or
Conclusiveness of probate as to representative title
(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district.
(2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay, *** shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.
Jurisdiction of the District Judge
Exception 2.—Wills admitted to probate in India may be proved by the probate.
Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.
Explanation 2.—Where there are more originals than one, one original only need be proved.
Exception 2: a probated will may be proved by the probate
Earlier law: IEA 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
Example
For example, T's will appoints E as executor. E petitions the District Judge, who, on proof of due execution, grants probate. E's acts done as executor between T's death and the grant are then valid under Section 227.
For the exam
- Section 2(f) ISA: certified copy of the will with a grant of administration of the estate.
- Probate goes only to an executor named in the will, expressly or by implication (Section 222).
- No executor: letters of administration with the will annexed (Section 232).
- Section 227: probate establishes the will from the testator's death and validates the executor's acts.
- The probate court decides genuineness and execution of the will, not title to property.
90 questions in the Law Maker question bank use this term. Practise Family Law questions
Related terms
- WillThe legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
- CodicilAn instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will (Section 2(b) of the Indian Succession Act, 1925).
- ExecutorA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- AdministratorA person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
- HeirUnder Section 3(1)(f) of the Hindu Succession Act, 1956, any person, male or female, entitled to succeed to the property of an intestate under the Act.
- Legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.