Sections 289-290 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 289 and 290 say how a grant is made once the Court is satisfied that it should be made: under the seal of the Court, in a form set out in a Schedule. Section 289 points to Schedule VI for probate and s.290 to Schedule VII for letters of administration. This article explains both sections and describes the two forms as printed in the text of the Act consulted.
When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant it under the seal of his Court in the form in Schedule VI (s.289). When letters of administration, with or without a copy of the will annexed, should be granted, he shall grant them under the seal of his Court in the form in Schedule VII (s.290). Both forms record that the person undertakes to make an inventory within six months and to render an account within one year, or within such further time as the Court may appoint.
Section 289: probate under seal in Schedule VI form
The section is short. It applies when it appears to the District Judge or District Delegate that probate of a will should be granted. He shall then grant the probate "under the seal of his Court in the form set forth in Schedule VI". Three points follow from the words:
- The decision that probate should be granted comes first. Contested applications are dealt with in the sections before this one (see our article on sections 286 to 288).
- Either officer may grant: the District Judge or the District Delegate.
- The grant must be under the seal of the Court. A sealed grant is the form the Act itself prescribes; the section does not say anything about other kinds of copies.
Section 290: letters of administration under seal in Schedule VII form
Section 290 is in the same pattern. When it appears that letters of administration to the estate of a deceased person should be granted, "with or without a copy of the Will annexed", the grant shall be made under the seal of the Court in the form set forth in Schedule VII.
So there are two distinct grants in Part IX: probate, to an executor named in the will, and letters of administration, which may be with the will annexed or without it. The sections that decide who may receive which grant are elsewhere in Part IX; ss.289 and 290 are only about the form in which the grant is issued. For the broader picture of an executor's role, see our guide on executor duties under a will.
If you hold a grant and are unsure what the document obliges you to do, a short legal consultation on reading the grant and its time limits is a sensible first step.
Schedule VI: the form of probate as printed
Schedule VI carries the heading "(See section 289) Form of Probate". As printed, the form runs in one long sentence. It has these parts:
- The opening: a blank for the name of the Judge "of the District of ..........", with an alternative in square brackets for a Delegate "appointed for granting probate or letters of administration in (here insert the limits of the Delegates jurisdiction)".
- A statement that on a blank day of a blank month a document was "proved and registered before me", and that administration of the property and credits of the deceased, "and in any way concerning his Will", was granted to a blank name, "the executor in the said Will named".
- The executor's undertaking: he has undertaken to administer the property, to make "a full and true inventory of the said property and credits" and exhibit it in the Court within six months from the date of the grant "or within such further time as the Court may, from time to time, appoint".
- A second undertaking: to render to the Court "a true account of the said property and credits" within one year from the same date, or within such further time as the Court may from time to time appoint.
Words missing in Schedule VI
The copy consulted has words missing in the form. The passage reads "on the .......... day of .......... in the year hereunto annexed, was proved and registered before me". Whatever is meant to stand between "in the year" and "hereunto annexed" (it reads like the description of the will and the date) is not printed. We do not reconstruct it. Treat the line as incomplete and check the official text for the full wording.
Schedule VII: the form of letters of administration as printed
Schedule VII carries the heading "(See section 290) Form of Letters of Administration". It follows the same plan as Schedule VI, with these printed differences:
- It names the deceased: letters of administration "(with or without the Will annexed, as the case may be)" of the property and credits of a blank name "late of .........., deceased".
- They were granted to a blank name, described as "the father (or as the case may be) of the deceased", he having undertaken to administer the property.
- The same two undertakings follow: an inventory within six months and an account within one year, each "or within such further time as the Court may, from time to time, appoint".
The copy consulted also shows a stray quotation mark after "jurisdiction)" in the opening of this form. It is a printing slip and changes nothing.
| Feature | Schedule VI (probate) | Schedule VII (letters of administration) |
|---|---|---|
| Section | 289 | 290 |
| Granted to | "the executor in the said Will named" | A person such as "the father (or as the case may be) of the deceased" |
| Inventory | Within six months of the grant, or further time appointed | Within six months of the grant, or further time appointed |
| Account | Within one year of the grant, or further time appointed | Within one year of the grant, or further time appointed |
| Will annexed? | The will is the document proved | "with or without the Will annexed, as the case may be" |
What this means in practice
An executor or administrator who receives a sealed grant in these forms has, on the face of the form, two dates to watch: six months for the inventory and one year for the account, each from the date of the grant and each open to extension by the Court. The duties themselves, and the sections that deal with an inventory and account, are in Part IX and are explained in our article on sections 316 to 318.
The text printed here does not give any fee for the grant. It also does not say how a certified copy is obtained; do not assume anything beyond the words of the sections and the two forms. Later amendments to these sections or forms are not shown in the text consulted, and the corresponding provisions of the current law should be checked.
Need help with a grant or its conditions?
If you have been named an executor, or you are applying for letters of administration, we can walk you through what the sealed grant requires and what to prepare next. Start with our legal consultation page.
Key takeaways
- Probate is granted under the seal of the Court in the form of Schedule VI (s.289).
- Letters of administration, with or without the will annexed, are granted under seal in the form of Schedule VII (s.290).
- Both forms record an inventory within six months and an account within one year, or such further time as the Court appoints.
- The copy consulted has words missing in Schedule VI and a stray quotation mark in Schedule VII.
Read next
- Sections 286-288: District Delegate and contested or doubtful applications
- Sections 291-292: administration bond and its assignment
- Sections 316-318: funeral, inventory and account of the estate
- 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.