Section 283 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.
Before a District Judge grants probate or letters of administration, he can test the petition and invite anyone interested in the estate to come forward. Section 283 of the Indian Succession Act, 1925 gives him three powers: to examine the petitioner on oath, to ask for further evidence, and to issue citations. It also says how a citation is published and what happens when assets lie in another State. This article explains the section, as per the text of the Act consulted.
Under s.283(1), in all cases the District Judge or District Delegate may, if he thinks proper, (a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the will or of the petitioner's right to letters; and (c) issue citations calling upon all persons claiming any interest in the estate to come and see the proceedings before the grant. Under s.283(2), the citation is fixed up in the court-house and in the Collector's office and otherwise published as directed. Under s.283(3), a copy goes to the District Judge in another State where assets are situate, who publishes it and certifies publication.
Why the section matters
Probate and letters are conclusive in their effects (see ss.273-275). Section 283 is one of the Act's checks before a grant: the Judge can question the petitioner and call on interested people to appear. If your family is a party to a petition, or is thinking of opposing one, a legal consultation can help you see where a citation fits in the timeline.
Section 283(1): three powers
In all cases, the District Judge or District Delegate may, if he thinks proper:
| Clause | Power |
|---|---|
| (a) | Examine the petitioner in person, upon oath |
| (b) | Require further evidence of the due execution of the will, or of the right of the petitioner to the letters of administration, as the case may be |
| (c) | Issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration |
The words "if he thinks proper" show that these are discretionary. The section does not require a citation in every case, though other sections require one in particular cases: s.229 for an executor who has not renounced and s.235 for a legatee other than a universal or residuary legatee. See ss.227-231 and ss.232-236A.
The Judge's wider powers in probate matters come from s.266, covered in ss.264-266.
Section 283(2): how a citation is published
The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district, and otherwise published or made known in such manner as the Judge or District Delegate issuing it may direct.
So there are two fixed places, the court-house and the Collector's office, plus whatever further publication the Judge directs. The text names no newspaper and no period for how long it stays up, and this article adds none.
Section 283(3): assets in another State
Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the citation:
- shall cause a copy of the citation to be sent to such other District Judge; and
- that other Judge shall publish it in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation.
This links to the statement of assets by State that the petition must make under ss.276(3) and 278(2); see ss.276-277.
The section at a glance
| Provision | What happens | Key words in the text |
|---|---|---|
| 283(1)(a) | Petitioner examined | In person, upon oath |
| 283(1)(b) | Further evidence | Of due execution of the will, or of the right to letters |
| 283(1)(c) | Citations | Calling on all persons claiming any interest to come and see the proceedings before the grant |
| 283(2) | Publication | Conspicuous part of the court-house; the Collector's office; otherwise as the Judge directs |
| 283(3) | Assets in another State | Copy sent to that District Judge, who publishes and certifies publication |
A fresh example
Dinesh petitions for letters of administration to his late brother's estate. The District Judge, thinking it proper, examines Dinesh in person on oath under s.283(1)(a) and asks for further evidence of his right to the letters under (b). Because some relatives may claim an interest, the Judge issues a citation under (c) calling on all persons claiming any interest to come and see the proceedings before the grant. Under s.283(2), the citation is fixed up in a conspicuous part of the court-house and in the Collector's office, and published in any further way the Judge directs. Dinesh's petition stated that part of the estate is in another State, so under s.283(3) a copy goes to the District Judge there, who publishes it and certifies the publication back.
Points to check
- Discretion. Section 283(1) is "if he thinks proper".
- Who may issue? The District Judge or the District Delegate.
- Where fixed. Court-house and Collector's office.
- Other States. Section 283(3) uses the petition's statement of assets.
- Required citations. Other sections require a citation in particular cases.
- Opposing. Anyone who wants to oppose may enter a caveat; see ss.284-285.
For the general role of District Courts, see District Courts: civil and criminal jurisdiction.
Need help responding to a citation or issuing one?
If you have received a citation in an estate matter, or want to make sure interested persons are properly called, the details of publication and timing matter. Our team can read the citation and the petition and explain your position. Book a legal consultation and bring the citation, the petition and any will.
Key takeaways
- Section 283(1): the District Judge or Delegate may, if he thinks proper, examine the petitioner on oath, require further evidence, and issue citations to persons claiming any interest.
- Section 283(2): a citation is fixed up in the court-house and in the Collector's office and otherwise published as directed.
- Section 283(3): for assets in another State, a copy of the citation goes to that State's District Judge, who publishes it and certifies publication.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 284-285: caveat against grant of probate or administration
- Sections 280-282: signing and verification of the petition and false averments
- Sections 227-231: effect of probate, will proved abroad and renunciation of executorship
- 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.