Sections 284-285 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 caveat is a warning lodged with the Court that no grant should be made without telling the person who lodged it. Sections 284 and 285 of the Indian Succession Act, 1925 say with whom a caveat is lodged, how copies move between the District Judge and the District Delegate, the form in Schedule V, and what happens to a petition once a caveat is entered. This article explains both sections and Schedule V, as per the text of the Act consulted.
Under s.284, caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate; a Delegate immediately sends a copy to the District Judge, and a caveat entered with the Judge is copied to the Delegate within whose jurisdiction the deceased had a fixed abode, and to any other Judge or Delegate he thinks expedient. The caveat is in the form in Schedule V, as nearly as circumstances admit. Under s.285, no proceeding is taken on the petition after a caveat is entered until notice to the caveator for such time as the Court thinks reasonable.
What a caveat does
A caveat is the way a person who may oppose a grant makes sure he is heard. If you think someone may apply for probate of a will you dispute, or for letters of administration you oppose, lodging a caveat means the Court cannot proceed on the petition without giving you notice. For help in deciding whether to lodge one, dispute resolution advice is a sensible first step. A caveat is not the same as a citation, which the Judge issues to call interested persons; see s.283.
Section 284: lodging a caveat
Sub-section (1): where
Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. The text prints no limit on who may lodge one.
Sub-section (2): lodged with a Delegate
Immediately on any caveat being lodged with a District Delegate, he shall send a copy thereof to the District Judge.
Sub-section (3): entered with the Judge
Immediately on a caveat being entered with the District Judge, a copy shall be given to:
- the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death; and
- any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit it.
For the District Delegate and where each may act, see ss.264-266 and ss.270-272.
Sub-section (4): the form
The caveat shall be made nearly as circumstances admit in the form set forth in Schedule V. (The sub-section heading "(4) Form of caveat." is run into the text in the copy consulted; a printing quirk.)
Schedule V: form of caveat
Schedule V is headed "See section 284(4)" and "Form of Caveat". As printed in the copy consulted, it reads, in the Act's words retold: "Let nothing be done in the matter of the estate of A.B., late of .........., deceased, who died on the .......... day of .......... at .........., without notice to C.D. of ..........."
The elements, as printed, are:
- A.B., the deceased, with the place where he lived, the date of death and the place of death left blank; and
- C.D., the person who is to get notice, with his place left blank.
The copy consulted prints the form only up to the blank after C.D.'s name; this article adds no further words and no fields that are not printed. The dotted blanks are for particulars of the case. The Schedule prints no fee.
Section 285: no proceeding until notice to the caveator
No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant has been:
- entered with the Judge or District Delegate to whom the application has been made; or
- notice has been given of its entry with some other Delegate,
until after such notice to the person by whom the caveat was entered as the Court may think reasonable.
So the effect has two parts. Once a caveat is entered, the petition stands still. And it stands still until the Court has given the caveator such notice as the Court thinks reasonable. The text prints no number of days; the length of the notice is for the Court. The reader should note that s.285 speaks of "notice has been given of its entry with some other Delegate", which links back to the copies in s.284(2) and (3).
The two sections and the form together
| Provision | Subject | Rule in the text |
|---|---|---|
| 284(1) | Where | District Judge or a District Delegate |
| 284(2) | Caveat with a Delegate | Immediate copy to the District Judge |
| 284(3) | Caveat with the Judge | Copy to the Delegate for the alleged fixed abode and to any other Judge or Delegate it seems expedient to inform |
| 284(4) | Form | As nearly as circumstances admit in Schedule V |
| Schedule V | Form of caveat | "Let nothing be done ... without notice to C.D."; printed only up to C.D.'s blank |
| 285 | Effect | No proceeding on the petition until notice to the caveator as the Court thinks reasonable |
A fresh example
Rekha believes her brother will petition for probate of a will that she thinks is not genuine. She lodges a caveat with the District Judge in the form of Schedule V, saying that nothing is to be done in the matter of the estate of their father, who died on a stated date at a stated place, without notice to her. Under s.284(3), a copy is given to the District Delegate within whose jurisdiction it is alleged the father had a fixed abode, and to any other Judge or Delegate the District Judge thinks expedient. When the brother's petition comes up, s.285 says no proceeding may be taken on it until after such notice to Rekha as the Court thinks reasonable. If Rekha had lodged the caveat with a Delegate instead, s.284(2) would have required him to send a copy to the District Judge immediately.
Points to check
- Where to lodge. The District Judge or a District Delegate.
- Copies. Section 284(2) and (3) say who must be sent a copy.
- The form. Schedule V, as nearly as circumstances admit.
- After entry. Section 285: no proceeding on the petition until notice to the caveator.
- Length of notice. As the Court thinks reasonable; the text prints no period.
- Disputes. For a contest about a will after death, see our article on residuary legatee under ss.102-103 and challenging a will.
For the Court's procedure generally, see s.268 in ss.267-269. For general timelines in litigation, see our overview of limitation periods.
Need help lodging or answering a caveat?
If you want to be heard before a grant is made, or if a caveat is holding up your petition, the next steps depend on the form and the notice given. Our team can look at the papers and explain where you stand. Speak to us about dispute resolution and bring the caveat or petition, the will if there is one and the death certificate.
Key takeaways
- Section 284(1): caveats may be lodged with the District Judge or a District Delegate.
- Section 284(2) and (3): copies pass between the Delegate and the District Judge, and to the Delegate for the alleged fixed abode and any other Judge or Delegate thought expedient.
- Section 284(4) and Schedule V: the caveat is in the form printed, as nearly as circumstances admit; the copy consulted prints the form only up to the blank after C.D.'s name.
- Section 285: after a caveat is entered, no proceeding is taken on the petition until such notice to the caveator as the Court thinks reasonable.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Section 283: powers of the District Judge and citations
- 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
- Residuary legatee under ss.102-103 and challenging a will after death
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.