Exact-text succession provision

Indian Succession Act Section 276: Petition for probate

Operative text and workflow for section 276.

Exact provisionProbate

Finin2min Summary — in 2 Minutes

Section 276 — Petition for probate — is captured from the official India Code provision and translated into an estate-action checklist.

Source, ownership and publication status

Legal ownerDistrict Judge / High Court / executor / administrator

Source statusofficial section text captured and professionally condensed

Review date2026-07-19

Primary sourceIndia Code — Indian Succession Act

Provision-specific Finin2min interpretation

Who may act

Identify testamentary capacity, executor/administrator status, beneficiary standing and territorial/personal-law application.

Document and witness proof

Preserve the original will/codicil, execution circumstances, witness identity, medical/capacity evidence, revocation history and asset schedule.

Court process

Map petition, valuation, court fee, citation, caveat, affidavit, notice, evidence, inventory/account and grant conditions.

Practical example

An estate team verifies the governing personal law and territorial probate requirement, secures the original instrument and witness evidence, values the estate and files the correct probate, administration or succession-certificate proceeding.

Implementation and evidence controls

Freeze the exact provision, Rule, form, forum, transaction/event date and official source version.
Map the trigger, responsible person, filing/notice, evidence, deadline, default consequence and remedy.
Preserve the original record, authority, service proof, portal receipt, calculation, chronology and superseded versions.
Re-test State/High Court amendments, special-law modifications and later case treatment before action.

Practical Q&A

Does nomination replace succession?

Usually no. Nomination commonly enables receipt or administration; beneficial ownership must be tested under the asset-specific statute and succession law.

Can a scanned will replace the original automatically?

No. Loss, destruction, revocation and secondary-evidence requirements require fact-specific proof.

Certified operative reading text

(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 testator’s 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 jurisdiction 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.