Sections 286-288 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.
Sections 286, 287 and 288 deal with what a District Delegate must do when a probate or letters of administration application is opposed, or when the Delegate doubts whether a grant should be made. In short, a District Delegate does not decide a contested grant: the matter goes to the District Judge. This article explains the three sections as per the text of the Act consulted.
Under s.286 a District Delegate shall not grant probate or letters of administration where there is contention, or where it otherwise appears to him that the grant ought not to be made in his Court. "Contention" means that someone appears, in person, by a recognised agent or by a pleader, to oppose the proceeding. Under s.287, if there is no contention but he is in doubt, he may transmit a statement of the matter to the District Judge. Under s.288, in a contested case the petition is returned to the applicant to be presented to the District Judge, unless the Delegate impounds it and sends it on himself.
Where these sections sit
Sections 286 to 288 are in Chapter IV of Part IX, which deals with practice in granting and revoking probates and letters of administration. Part IX opens with s.217, which says that all grants of probate and letters of administration with the will annexed, and the administration of assets in cases of intestate succession, follow that Part "save as otherwise provided by this Act or by any other law for the time being in force". The sections here apply inside that frame and nothing wider is printed in them.
The Delegate in these sections is the District Delegate of the Act, who acts alongside the District Judge; this article only follows what ss.286 to 288 say. For the step before a grant, see our article on the caveat against a grant, and for the court itself see our guide to District Courts.
If you expect an objection to a will, or you are the executor named in it, early advice on contested probate and disputes can save a wasted trip to the wrong desk.
Section 286: when the Delegate must not grant
The section has two limbs. A District Delegate shall not grant probate or letters of administration:
- in any case in which there is contention as to the grant; or
- in any case in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court.
The word "shall" matters. The first limb is not a matter of choice for the Delegate: once there is contention, he cannot grant. The second limb is wider and rests on his own view that the grant should not be made in his Court.
What "contention" means
The Explanation to s.286 defines it: contention means the appearance of anyone, in person, or by his recognised agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding. So three things are named: who appears (anyone), how (in person, through a recognised agent or through a pleader) and for what purpose (to oppose the proceeding). The text does not limit "anyone" to a relative or a beneficiary; it does not say more than "anyone".
Take an invented example. Meera applies to a District Delegate for probate of her late father's will. Her brother Sandeep walks in, or sends a pleader, and says he opposes the application. On the printed words, that appearance is contention, and the Delegate shall not grant.
Section 287: doubt without contention
Section 287 covers a different case. There is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted. The section also covers the case where "any question arises in relation to the grant, or application for the grant". In either situation the Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge.
The District Judge then has two options printed in the section:
- direct the Delegate to proceed with the application according to such instructions as to the Judge may seem necessary; or
- forbid any further proceeding by the Delegate in relation to that application, leaving the applicant to apply to the Judge.
Note the word "may": transmitting a statement is the Delegate's choice ("if he thinks proper"), not a duty.
Section 288: what happens to the petition
Where there is contention, or the Delegate is of opinion that the grant should be refused in his Court, the petition and any documents filed with it "shall be returned" to the person who made the application, so that it can be presented to the District Judge. There is one exception: if the Delegate thinks it necessary, for the purposes of justice, to impound the papers, he is authorised to do so, and in that case he sends them to the District Judge himself.
| Situation | Section | What the Delegate does | What follows |
|---|---|---|---|
| Contention (someone appears to oppose) | 286, 288 | Must not grant | Petition returned to applicant for presentation to the District Judge, or impounded and sent on |
| No contention, but doubtful or a question arises | 287 | May send a statement of the matter | District Judge directs him to proceed or forbids further proceeding |
| Delegate of opinion grant should be refused in his Court | 286, 288 | Must not grant | Same as for contention |
Practical points
- Keep the papers safe. Under s.288 the petition and its documents come back to the applicant. Check them before presenting them to the District Judge.
- Expect the chance of impounding. The text lets the Delegate keep the papers and forward them himself where he thinks it necessary for the purposes of justice.
- A will is not tested at the Delegate's desk in a contested case. The sections only say he must not grant; they do not say what the Judge will decide.
- Court fees and rules. The text consulted prints no fee amount in these sections, and any rules made for the procedure should be checked separately.
Later amendments to these sections, if any, are not shown in the text consulted and should be checked against the official text.
Need help with a contested grant?
If a probate or letters of administration application is likely to be opposed, or has already been returned under s.288, our team can explain the route and help with the documents. Start with our legal dispute resolution service.
Key takeaways
- A District Delegate shall not grant where there is contention, or where he thinks the grant ought not to be made in his Court (s.286).
- Contention is an appearance, in person or through a recognised agent or pleader, to oppose the proceeding.
- In an uncontested but doubtful case, the Delegate may send a statement to the District Judge (s.287).
- In a contested case, the petition is returned for presentation to the District Judge, unless the Delegate impounds and forwards it (s.288).
Read next
- Sections 284-285: caveat against grant of probate or administration
- Sections 289-290: grant under seal and the forms of probate and letters of administration
- Sections 293-298: time for grant, contentious cases and revoked grants
- Executor duties under a will: probate, inventory and distribution
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.