Sections 276-277 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.
A petition for probate is the document that starts the case. Section 276 of the Indian Succession Act, 1925 says what it must be written in, what must be annexed to it and what it must state. Section 277 deals with the will written in another language: a translation must be annexed, and the declaration by the translator is printed in the section. This article explains both sections, as per the text of the Act consulted.
Under s.276(1), an application for probate, or for letters of administration with the will annexed, is made by a petition distinctly written in English or in the language in ordinary use in the Court, with the will annexed (or, in the cases of ss.237, 238 and 239, a copy, draft or statement of the contents), stating (a) the time of death, (b) that the writing annexed is his last will and testament, (c) that it was duly executed, (d) the assets likely to come to the petitioner's hands, and (e) that the petitioner is the named executor (for probate). Section 276(2) and (3) add abode or property and assets in other States. Under s.277, a translation is annexed where the will is in another language, with a declaration if the translator is not the Court's.
Section 276(1): the petition and what goes with it
Form
The petition must be distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made. The text prints no format beyond that.
What is annexed
The petition is made with the will annexed. In the cases in sections 237, 238 and 239, a copy, draft or statement of the contents is annexed instead; those cases are explained in our article on ss.237-240 on a lost will.
What it must state
The petition must state:
| Clause | Statement |
|---|---|
| (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 likely to come to the petitioner's hands |
| (e) | When the application is for probate, that the petitioner is the executor named in the will |
In the copy consulted, clause (b) is printed "that the writing annexed in his last Will and testament": the word "in" reads like a slip for "is". The sense is clear and nothing is missing.
If you are preparing a petition, an affidavit and declaration drafting service can help you set out these statements with the right annexures.
Section 276(2): abode or property
In addition, the petition shall further state:
- (a) when the application is to the District Judge, that the deceased at the time of 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 death had a fixed place of abode within the jurisdiction of such Delegate.
This tracks ss.270 and 272; see our article on where to apply, ss.270-272.
Section 276(3): assets in another State
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. This links to s.274(3), under which a copy of the certificate goes to the District Judge in another State; see ss.273-275.
Section 277: translation of the will
When a translation is needed
In cases where the will, copy or draft is written in any language other than English or other than that in ordinary use in proceedings before the Court, a translation shall be annexed to the petition.
Who translates
- By a translator of the Court, if the language is one for which a translator is appointed; or
- if the will, copy or draft is in any other language, by any person competent to translate it, in which case the translation shall be verified by that person in the manner given in the section.
The translator's declaration
The section prints a declaration, which the person competent to translate makes. In the Act's words, retold: "I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof." So the declaration has two parts: that the translator reads and perfectly understands the language and character of the original, and that the translation is true and accurate. The text prints no particular layout for it.
The heading of s.277 is printed across two lines in the copy consulted ("...annexed to petition. Verification of translation by person other than Court translator ."); this is a printing quirk.
For a general guide to affidavits and declarations, see our article on affidavits: definition, types, format and legal requirements.
The two sections at a glance
| Provision | Subject | Rule in the text |
|---|---|---|
| 276(1) | Petition | In English or the Court's language; will annexed (or copy, draft or statement of contents in cases of ss.237-239); five statements (a) to (e) |
| 276(2) | Abode or property | Different statements for District Judge and for District Delegate |
| 276(3) | Assets in another State | Amount in each State and the District Judges concerned |
| 277 | Translation | Annexed by Court translator, or by a competent person who verifies it by the declaration printed in the section |
A fresh example
Saroj, the executor named in her aunt's will, petitions the District Judge for probate. The will is in a language other than English and other than the language in ordinary use in the Court's proceedings, and there is no Court translator for that language. Under s.277, a translation must be annexed by a person competent to translate it, who must verify the translation by making the declaration set out in the section. Under s.276(1), the petition states the time of the aunt's death, that the annexed writing is her last will and testament, that it was duly executed, the amount of assets likely to come to Saroj's hands and that Saroj is the named executor. Because part of the assets is in another State, s.276(3) requires the petition to state the amount of such assets in each State and the District Judges concerned.
Points to check
- Language. The petition itself, and the translation if the will is in another language.
- Annexures. The will, or in the cases of ss.237, 238 and 239 a copy, draft or statement of contents.
- The five statements. Time of death; the writing is the last will; due execution; assets; executor named.
- Where applying. Different statements for a District Judge and a District Delegate.
- Other States. Amount of assets in each State and the Judges concerned.
- Stamp duty on the affidavit or declaration. For general information see stamp duty on an affidavit. This article states no amount.
The next sections add statements for grants intended to have effect across States and the manner of signing and verification: ss.278-279 and ss.280-282.
Need help drafting a petition for probate?
A petition must say the right things in the right order, and the will and any translation must be annexed in the form the Act describes. Our team can check your draft against the printed text. Speak to us about affidavit and declaration drafting and bring the will, the death certificate and a list of assets by State.
Key takeaways
- Section 276(1): the petition is distinctly written in English or the Court's language, with the will annexed, and states time of death, that the writing is the last will, due execution, likely assets, and (for probate) that the petitioner is the named executor.
- Section 276(2): additional statements on abode or property for a District Judge, and on abode for a District Delegate.
- Section 276(3): amount of assets in each State and the District Judges where assets lie in another State.
- Section 277: a translation is annexed by a Court translator or a competent person, who verifies it by the declaration in the section.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 278-279: petition for letters of administration and additional statements
- Sections 280-282: signing and verification of the petition and false averments
- Sections 273-275: conclusiveness of probate and certificate to High Courts
- Affidavit: definition, types, format and legal requirements
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.