Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted:
Provided that probates and letters of administration granted--
(a) by a High Court, or
(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout 1[the other States 2***.]
3[The proviso to this section shall apply in 4[India]5 after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.]
6[The proviso shall also apply in 4[India] 7*** 8 after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in procedings pending at that date, in any of the territories which on that date constituted Pakistan.]
Provided that probates and letters of administration granted--
(a) by a High Court, or
(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout 1[the other States 2***.]
3[The proviso to this section shall apply in 4[India]5 after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.]
6[The proviso shall also apply in 4[India] 7*** 8 after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in procedings pending at that date, in any of the territories which on that date constituted Pakistan.]
Source footnotes
1. Subs. by the A.O. 1948, for "the whole of British India" .2. The words of "India" omitted by the A.O. 1950.
3. Ins. by the A.O. 1937.
4. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
5. 1st April, 1937.
6. Added by the A.O. 1948.
7. The words "of India" omitted by Act 42 of 1953, s. 4 and Sch. III.
8. 15th August, 1947.
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More sections of this act
Section 1 · Short title.Section 2 · Definitions.Section 3 · Power of State Government to exempt any race, sect or tribe in the State from operation of Act.Section 4 · Application of Part.Section 5 · Law regulating succession to deceased person’s immoveable and moveable property, respectively.Section 6 · One domicile only affects succession to moveables.Section 7 · Domicile of origin of person of legitimate birth.Section 8 · Domicile of origin of illegitimate child.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-01-12. Check the linked official text and subsequent notifications when applying a provision.