Sections 264-266 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.
Chapter IV of Part IX of the Indian Succession Act, 1925 deals with the practice in granting and revoking probates and letters of administration. It begins with three sections on who has the power. Section 264 gives the District Judge jurisdiction and adds a rule for certain deceased persons that depends on a notification. Section 265 lets the High Court appoint District Delegates for non-contentious cases. Section 266 gives the Judge the powers he has in a civil suit. This article explains all three, as per the text of the Act consulted.
Under s.264(1), the District Judge has jurisdiction in granting and revoking probates and letters of administration in all cases within his district. Under s.264(2), except where s.57 applies, no Court beyond the towns of Calcutta, Madras and Bombay may receive applications for probate or letters where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, until the State Government has authorised it by notification. Under s.265, the High Court may appoint District Delegates for non-contentious cases. Under s.266, the Judge has the like powers as in a civil suit.
Where the Chapter begins
Chapter IV covers ss.264 to 302 and is the Act's practice chapter: where to apply, the petition, the verification, citations, caveats, the grant itself. If you are about to apply, a legal consultation can help you decide where and how.
Section 264: jurisdiction of the District Judge
Sub-section (1)
The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. "District Judge" is defined in s.2; see our article on the definitions in s.2. For the Court structure generally, see our guide on District Courts: civil and criminal jurisdiction.
Sub-section (2): a notification condition for certain deceased persons
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.
In the copy consulted a few words after "Bombay," are shown as "[ *]", an omission whose content the copy does not give. This article reports only what is printed. The notification is "as notified or prescribed" and this article names none. The reader should check the current official text and any notification. Section 57 is explained in our article on ss.57-58.
The sub-section names the same classes as other sections of this Part, such as ss.218 and 269(2). For "exempted person", see s.3 in our article on ss.1 and 3.
Section 265: District Delegates
Sub-section (1)
The High Court may appoint such judicial officers within any district as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe.
Proviso. In the case of High Courts not established by Royal Charter, such appointments shall not be without the previous sanction of the State Government.
Sub-section (2)
Persons so appointed shall be called District Delegates.
So the Delegate handles cases in which no one contests. The limits within which a Delegate acts are those the High Court prescribes; the text names none. How a Delegate grants probate is dealt with in s.272, which is covered in ss.270-272.
Section 266: the District Judge's powers
The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.
The section does not list those powers. It borrows them from the law that governs the Judge's civil suits. The next sections of the Chapter go on to name particular powers: s.267 on ordering production of testamentary papers, s.268 on procedure and s.269 on protection of property.
The three sections side by side
| Section | Who or what | Rule in the text |
|---|---|---|
| 264(1) | District Judge | Jurisdiction in granting and revoking probates and letters of administration in all cases within his district |
| 264(2) | Courts beyond Calcutta, Madras and Bombay | Not to receive applications for the listed classes until authorised by State Government notification, except where s.57 applies |
| 265(1) | High Court | May appoint judicial officers as delegates for non-contentious cases within prescribed local limits; State Government's previous sanction for High Courts not established by Royal Charter |
| 265(2) | Name | District Delegates |
| 266 | Powers | Like powers as in a civil suit pending in the Judge's Court |
A fresh example
Kiran's father, a Hindu, died owning a house in a district town. Under s.264(1) the District Judge has jurisdiction in granting probates and letters in cases within his district. Reading s.264(2) as printed, unless s.57 applies to the case, a Court beyond the towns named may receive an application only after the State Government has authorised it by notification. If no one contests the application, the High Court may have appointed a District Delegate to deal with non-contentious cases within prescribed local limits (s.265). The check on notification and appointment must be made on the facts and the current records; this article cannot say whether any notification or appointment exists.
Points to check
- Which Court? The District Judge, or a District Delegate for non-contentious cases.
- Which class? Section 264(2) names the classes: Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
- Does s.57 apply? If so, s.264(2) does not.
- Notification. Check whether the State Government has notified the Court.
- Contested? A Delegate takes non-contentious cases only.
For where within the State to file, see ss.270-272. For the High Court's own jurisdiction in general, see High Courts in India.
Need help deciding where to file for probate or letters?
The right forum depends on the district, the class of the deceased and whether the matter is contested. Our team can look at the facts and the current notifications and tell you where to start. Book a legal consultation and bring the death certificate, the will if any, and a list of property and where it lies.
Key takeaways
- Section 264(1): the District Judge has jurisdiction in granting and revoking probates and letters of administration in all cases within his district.
- Section 264(2): outside the towns of Calcutta, Madras and Bombay, a Court may not receive applications for the listed classes until the State Government authorises it by notification, except where s.57 applies.
- Section 265: the High Court may appoint District Delegates for non-contentious cases; High Courts not established by Royal Charter need the State Government's previous sanction.
- Section 266: the District Judge has the powers he has in a civil suit.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 267-269: production of testamentary papers, procedure and protection of property
- Sections 270-272: where to apply for probate, fixed abode or property in the district
- Sections 261-263: rectification of errors and revocation of probate for just cause
- District Courts: civil and criminal jurisdiction
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.