Sections 237-240 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
What happens when a will cannot be found? Sections 237 to 240 of the Indian Succession Act, 1925 begin Chapter II, "Of Limited Grants", with four rules for the case where the original is lost, destroyed, held by someone outside the State or not forthcoming. They allow probate of a copy or draft, probate of the contents if proved by evidence, probate of a transmitted copy while the original exists, and letters of administration until the will is produced. This article explains each rule, as per the text of the Act consulted.
Under s.237, where a will has been lost, mislaid or destroyed by wrong or accident (not by the testator's act) and a copy or draft has been preserved, probate may be granted of that copy or draft, limited until the original or a properly authenticated copy is produced. Under s.238, where there is no copy and no draft, probate may be granted of the contents if they can be established by evidence. Under s.239, a transmitted copy may be probated where the original is with a person out of the State who has refused or neglected to deliver it. Under s.240, letters of administration may be granted, limited until the will is produced, where there is reason to believe a will exists.
What "limited" means here
The four sections sit under the heading "Grants limited in duration". A grant that is limited ends, or can be superseded, when the stated event happens. Sections 237, 239 and 240 each say "limited until" a certain document is produced. Section 238 does not use the word "limited". The rest of the Chapter, ss.241 to 260, is covered in our articles on ss.241-247, ss.248-254 and ss.255-260.
A lost will is one of the situations where evidence matters most, and a family may also face a contest about whether the will existed. For that, dispute resolution advice is a sensible first call.
Section 237: copy or draft of a lost will
Section 237 applies when a will:
- has been lost or mislaid since the testator's death, or
- has been destroyed by wrong or accident and not by any act of the testator,
and a copy or the draft of the will has been preserved. In that case probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.
Two points stand out. The loss must be "since the testator's death", or the destruction must not be the testator's own act. And the grant on a copy or draft is not permanent in its terms; it is limited until the original, or an authenticated copy, is produced. The Act does not say in this section who is to produce it or how.
Section 238: contents of a lost or destroyed will
When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.
So where nothing in writing survives, the route is evidence of the contents. The text prints no rule on the kind of evidence; this article does not add one. The word "may" shows that the grant is not automatic.
Section 239: a copy where the original exists
This section applies when:
- the will is in the possession of a person residing out of the State in which the application for probate is made;
- that person has refused or neglected to deliver it up;
- a copy has been transmitted to the executor; and
- it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original.
Probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced. All four conditions are in the text. "State" is defined in s.2(g); see our article on the definitions in s.2.
Section 240: administration until the will is produced
Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced. This is the route for the case where the will may exist but cannot be found or shown.
Summary of the four sections
| Section | Situation | Grant | Limit |
|---|---|---|---|
| 237 | Will lost, mislaid or destroyed by wrong or accident; copy or draft preserved | Probate of the copy or draft | Until the original or a properly authenticated copy is produced |
| 238 | Will lost or destroyed; no copy and no draft | Probate of the contents if established by evidence | None stated in the section |
| 239 | Original with a person out of the State who refuses or neglects to deliver it; copy sent to the executor; necessary for the estate's interests | Probate of the copy transmitted | Until the will or an authenticated copy is produced |
| 240 | No will forthcoming but reason to believe one exists | Letters of administration | Until the will or an authenticated copy is produced |
A fresh example
Sunil dies, and his will, kept in a cupboard, cannot be found. His son Ajay finds a photocopy that Sunil's lawyer had kept. Under s.237 the copy is a preserved copy, so probate of it may be granted, limited until the original or a properly authenticated copy is produced. Suppose there were no photocopy and no draft, but Sunil's lawyer and two relatives can say what the will contained: s.238 allows probate of its contents if they can be established by evidence. Suppose instead that Sunil's will was sent to a cousin living in another State who refuses to hand it over, while a copy has reached the executor, Ajay: under s.239, if it is necessary for the interests of the estate that probate be granted without waiting for the original, probate of the copy may be granted, limited until the will or an authenticated copy is produced. And if no will turns up but Ajay has reason to believe one exists, s.240 allows letters of administration limited until the will is produced.
Points to check
- Was the loss the testator's own act? Section 237 excludes destruction by the testator's act.
- Is there a copy or draft? If yes, s.237; if no, s.238.
- Where is the original? Out of the State and withheld: s.239.
- Is there only reason to believe a will exists? Section 240.
- What is the limit? Sections 237, 239 and 240 each say "limited until" a document is produced.
Executors holding a probate on a copy still have the duties described in executor duties under a will. For the way a will is registered or deposited so that it is not lost, see how to register a will.
Need help when a will cannot be found?
A missing original raises questions of evidence and sometimes of dispute. Our team can look at what survives, a copy, a draft, or witnesses, and explain which of the four sections may fit. Speak to us about dispute resolution and bring any copy or draft, the lawyer's or witness names, and the death certificate.
Key takeaways
- Section 237: probate of a preserved copy or draft of a will lost, mislaid or accidentally or wrongfully destroyed, limited until the original or an authenticated copy is produced.
- Section 238: where no copy or draft exists, probate of the contents if established by evidence.
- Section 239: probate of a transmitted copy where the original is with a person out of the State who refuses or neglects to deliver it and it is necessary for the estate's interests.
- Section 240: letters of administration, limited until the will is produced, where there is reason to believe a will exists.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 241-247: administration through an attorney, during minority and pending a suit
- Sections 232-236A: letters of administration with the will annexed
- Sections 248-254: grants limited to a purpose, a property or a suit
- How to register a will
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.