Sections 267-269 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.
Three sections of the practice chapter of the Indian Succession Act, 1925 deal with a person who holds a will or other testamentary paper, the procedure for probate proceedings, and the protection of a deceased person's property before probate. Section 267 lets the District Judge order a person to produce testamentary papers and examine him. Section 268 says the proceedings follow the Code of Civil Procedure, 1908 so far as the circumstances permit. Section 269 authorises and requires the Judge to interfere to protect property until probate is granted or an administrator is constituted. This article explains each, as per the text of the Act consulted.
Under s.267, the District Judge may order any person to produce a paper that is, or purports to be, testamentary and is in that person's possession or control; if it is not shown that he has it but he may know of it, he can be directed to attend and be examined, must answer truly, and is liable to the like punishment as a party to a suit. Under s.268, proceedings are regulated by the Code of Civil Procedure, 1908 so far as the circumstances permit. Under s.269(1), the Judge is authorised and required to interfere to protect property until probate or an administrator, and s.269(2) does not apply to the classes it lists.
Section 267: producing testamentary papers
Sub-section (1): a paper in a person's possession
The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of that person.
Sub-section (2): a person who may know of it
If it is not shown that any such paper is in the person's possession or control, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined about it.
Sub-section (3): answering and punishment
That person is bound to answer truly the questions put to him by the Court and, if so ordered, to produce and bring in the paper or writing. He is subject to the like punishment under the Indian Penal Code (45 of 1860), in case of default in not attending, not answering the questions or not bringing in the paper, as he would have been subject to had he been a party to a suit and made such default. The Indian Penal Code is quoted as printed, without section numbers in this sub-section; the reader should check the current law for the corresponding provision.
Sub-section (4): costs
The costs of the proceeding are in the discretion of the Judge.
If a relative or custodian is holding a will and will not hand it over, this section is the relevant one, and dispute resolution advice can help you frame the application. Contrast s.239, under which a copy of a will held out of the State may be probated; see ss.237-240.
Section 268: the Code of Civil Procedure
The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908 (5 of 1908). The Code is quoted as printed; the reader should check the current law for the corresponding provision. The text names no section of that Code in s.268 and this article names none.
So where the Act itself is silent on a step, the Code fills the gap, but only "so far as the circumstances of the case permit".
Section 269: protecting property before probate
Sub-section (1)
Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge within whose jurisdiction any part of the property of the deceased is situate is authorised and required to interfere for the protection of such property:
- at the instance of any person claiming to be interested in it; and
- in all other cases where the Judge considers that the property incurs any risk of loss or damage;
and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property.
The words "authorised and required" make this stronger than a mere power. Compare Part VII of the Act, where a summary proceeding and a curator protect property at the instance of a person claiming by succession; see ss.192-194.
Sub-section (2): where the section does not apply
Section 269 shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate. So s.269 does not operate for those classes; the text consulted adds no other limit and no reason.
The three sections at a glance
| Section | Subject | Rule in the text |
|---|---|---|
| 267(1) | Paper in someone's possession | Judge may order it produced and brought into Court |
| 267(2) | Person who may know of it | Court may direct him to attend and be examined |
| 267(3) | Duty and punishment | Bound to answer truly and, if ordered, produce; like punishment as a party to a suit under the Indian Penal Code (as printed) |
| 267(4) | Costs | In the Judge's discretion |
| 268 | Procedure | Regulated by the Code of Civil Procedure, 1908 so far as circumstances permit, save as the Act provides |
| 269(1) | Protection before probate | Judge authorised and required to interfere at the instance of an interested person or where there is risk; may appoint an officer to take and keep possession |
| 269(2) | Exceptions | Not where the deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person; nor to the property of an Indian Christian who died intestate |
A fresh example
After Manoj dies, his sister believes that his lawyer, Mr. Rao, holds a signed will. Under s.267(1), the District Judge may order Mr. Rao to produce and bring the paper into Court if it is shown to be in his possession or control. If the sister can show only that Mr. Rao seems to know of the paper, s.267(2) lets the Court direct him to attend and be examined, and under s.267(3) he must answer truly. In the meantime, Manoj's shop stock is exposed to loss. If Manoj was not of the classes in s.269(2), the District Judge in whose jurisdiction the shop lies is authorised and required to interfere for its protection, and may appoint an officer to take and keep possession (s.269(1)).
Points to check
- Who holds the paper? Section 267 distinguishes possession or control from mere knowledge.
- Penalty. The text refers to the Indian Penal Code as printed; check the current law.
- Procedure. The Code of Civil Procedure, 1908 applies so far as circumstances permit.
- Class of the deceased. Section 269(2) takes out the listed classes and an Indian Christian intestate's property.
- District. Section 269(1) looks to the District Judge within whose jurisdiction any part of the property is situate.
On the petition that begins probate proceedings, see ss.276-277. For tax on property that passes after a death, see our income-tax guides, for example capital gains on inherited property.
Need help getting a will produced or property protected?
Where a will is being withheld, or property is at risk before probate, speed and the right application matter. Our team can look at your facts and the class of the deceased, and explain which of these sections the Act offers. Speak to us about dispute resolution and bring the death certificate, details of who holds the paper and a list of the property at risk.
Key takeaways
- Section 267: the District Judge may order a person to produce testamentary papers, may direct a person with knowledge to attend and be examined, and the person must answer truly; costs are in the Judge's discretion.
- Section 268: probate proceedings are regulated by the Code of Civil Procedure, 1908 so far as the circumstances permit.
- Section 269(1): until probate or an administrator, the Judge is authorised and required to interfere to protect property and may appoint an officer to take possession.
- Section 269(2): the section does not apply to the listed classes or to an Indian Christian intestate's property.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 270-272: where to apply for probate, fixed abode or property in the district
- Sections 264-266: jurisdiction of the District Judge and District Delegates
- Sections 192-194: relief against wrongful possession of a deceased person's property
- Capital gains on inherited property
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.