Indian Succession Act, 1925 · Chapter IV: Of the Practice in Granting and Revoking Probates And · Letters of Administration
Section 276: Petition for probate
(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating
(a) the time of the testators death,
(b) that the writing annexed is his last will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner's hands, and
(e) when the application is for probate, that the petitioner is the executor named in the will.
(2) In addition to these particulars, the petition shall further state,—
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jusrisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 276
- Kavita Kanwar v. Mrs. Pamela Mehta & Ors.
- Kanna Timma Kanaji Madiwal (D) Through Lrs. v. Ramachandra Timmaya Hegde (D) Through Lrs. and Ors.
- Jagdish Chand Sharma v. Narain Singh Saini (Dead) Through His Lrs. & Ors.
- Krishna Kumar Sharma v. Rajesh Kumar Sharma
- Syed Askari Hadi Ali Augustine Imam & Anr. v. State (Delhi Admn.) & Anr.
- Apoline D' Souza v. John D Souza
- Gurswaroop Joshi v. Beena Sharma & Ors.
- Jayamma v. Maria Bai Dead by Proposed Lrs. and Anr.
- P.D. Gupta v. Ram Murti and Anr.
- Mrs. Joyce Primrose Prestor v. Miss Vera Marie Vas and Ors.
- V.M. Mathew v. V.S. Sharma and Ors.