The Probate Act 1875, 13 of 1875, (Rep., Act 1 of 1938)

Section 0

Repealed or not in force · As amended up to 2026-08

An Act to amend the law relating to Probates and Letters of Administration. HEREAS, under the Indian Succession Act, Preamble. 1865, the effect of an unlimited grant of probate or letters of administration made by any Court in British India is confined to the Province in which such grant is made: And whereas it is expedient to extend over British India the effect of such grants when made by a EIigh Court : And whereas it is also expedient to amend the Court Fees Act, 1870, as to probates, letters of administration and certificates of administration : It is hereby enacted as follows is hereby enacted as follows :- administration : It is hereby enacted as follows is hereby enacted as follows :- I. To section 3 of the Indian Succession Act, Addition to 1865, the following words shall be added (namely) :- f ; 5:;czo;f I. To section 3 of the Indian Succession Act, Addition to 1865, the following words shall be added (namely) :- f ; 5:;czo;f " and for the purposes of sections 242, 2428, 246A 3, and 2776, shall include the Court of the Recorder. of Rangoon.'' 2, To section 242 of the Indian Succession Act, Addition to 1865, the following proviso shall be added (namely) :- $ $ ~ ~ e 242. ~ i c c Provided that probates and letters of adminis- ~ f f e ~ t of tration granted by a High Court after the first day of ~ ~ ~ ~ ~ : : d a a , April, 1875, shall, unless otherwise directed by the grallted `by` .grant, have like effect throughout the whole of BTitish High Court. India." `3.` '611e following section shall be inserted after the Addition to 1865. ~ c t NO. x ~ c t NO. x NO. x x of said proviso (namely) :- " 242A. Whenever a grant of probate or letters of adininistration is made by a High Court with such ;:, cy$irte effect as last aforesaid, the 'Registrar or such other Addition to 1865. ~ c t NO. x ~ c t NO. x NO. x x of ;:, cy$irte " 242A. Whenever a grant of probate or letters T r a l l s l ~ ~ i s ~ i ~ ~ ~ officcr [ Price two N?Z?L/~S a ~ ~ d tll~+ee pies. ] ~ ~ P1-obates. [ACT XIII Court grant- officer as the High Court making the grant appoints ing probate kc,, to othe;, in this behalf shall send to each of the other High Courts. Courts a certificate to the following effect :- I, A. B., Registrar [or as the case way be] of the High Court of Judicature at [or as the case may be], hereby certify that on the day of 187 the High Court of Judicature at [or as the case muy be] granted probate of the vill [or letters of administration of the estate] of C. `D.,` late of deceased, to 3. F. of and G. R. of y and that such probate [or letters] has [or have] effect over all the property of the deceased throughout the whole of British India ; and such certificate shall be filed by the High Court receiving the same."

Source: India Code