Table of Contents

Difference Between Sections 276 and 278 of the Indian Succession Act What is Section 278 of the Indian Succession Act?Purpose of Section 278 of the Indian Succession Act Documents Required for Application Under Section 278 Process of Applying for Letters of Administration Under Section 278 Importance of Letters of Administration Under Section 278 Jurisdiction and Limitation Under Section 278 How NoBroker Can Help with Legal Services?Frequently Asked Questions

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Home Blog Real Estate Legal Guide & Laws Section 278 of Indian Succession Act

Section 278 of the Indian Succession Act: Difference, Purpose & Legal Provisions

Published : November 11, 2025, 11:41 PM

Updated : November 11, 2025, 11:41 PM

Author : krishnanunni

Real Estate Legal Guide & Laws

317 views

Summary

Section 278 of the Indian Succession Act, 1925, governs the process of obtaining Letters of Administration when a person dies without a valid Will or an appointed executor. It ensures that a court-authorised administrator legally manages and distributes the deceased’s estate, settles debts, and safeguards assets. The process involves filing a detailed petition, submitting required documents, and undergoing court verification before approval. This section prevents disputes among heirs and secures rightful ownership. NoBroker’s legal experts assist with petition filing, documentation, and court representation for a hassle-free experience.

Table of Contents

The Indian Succession Act, 1925 governs how a deceased person’s property and assets are legally transferred to their rightful heirs. Unlike popular belief, ownership doesn’t pass automatically to family members. it requires a formal legal process to confirm rights and prevent disputes. Section 278 of the Indian Succession Act outlines how to apply for a succession certificate when there is no valid will or appointed executor, ensuring a lawful and transparent distribution of the estate.

Difference Between Sections 276 and 278 of the Indian Succession Act

While both sections fall under the same Act, they serve fundamentally different purposes in the succession process. Understanding the difference between Sections 276 and 278 of the Indian Succession Act is key to determining the correct legal path to take. [1]

Feature	Section 276 (Probate of Will)	Section 278 (Letters of Administration)
Purpose	To legally prove the authenticity and validity of a deceased person's last Will in a court of law.	To obtain legal authority from a court to administer and distribute a deceased person's estate when there is no Will or no executor.
Who Can Apply	Primarily the 'Executor' named in the Will. If no executor is named or is unwilling to act, a beneficiary can apply.	A legal heir of the deceased (such as a spouse, child, or parent) who has an interest in the estate. A creditor can also apply in some cases.
Governing Document	The process is governed entirely by the contents of the deceased person's Will.	The process is governed by the laws of intestate succession as specified in the Indian Succession Act, 1925.
Court Involvement	The court's role is to verify that the Will is genuine and was made by the deceased without any coercion.	The court's role is to appoint a suitable person (an 'Administrator') to manage the estate and ensure a fair distribution among legal heirs.
Legal Effect	The court grants a 'Probate', which is a certified copy of the Will that confirms the executor's authority.	The court grants 'Letters of Administration', a legal document that empowers the administrator to act on behalf of the deceased.
Objective	To execute the specific wishes of the deceased as laid out in their Will.	To distribute the deceased's assets according to the fixed rules of succession law when no Will exists.

What is Section 278 of the Indian Succession Act?

Section 278 of the Indian Succession Act, 1925, specifically lays down the procedure for filing a petition to obtain 'Letters of Administration'. This legal document is required when a person dies intestate (without leaving a valid Will) or when a Will has been left, but no executor was appointed, or the appointed executor is unable or unwilling to perform their duties.

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Purpose of Section 278 of the Indian Succession Act

The primary purpose of invoking this section is to ensure the orderly and legal management of a deceased person's estate. [1]

To Appoint a Legal Administrator: The main goal is to have a court legally appoint a responsible person, known as the administrator, who is granted the authority to manage and distribute the deceased's assets.
To Safeguard the Estate: By appointing an administrator, the court ensures that the deceased's property, bank accounts, and other assets are protected from misuse or unlawful claims until they are distributed.
To Settle Debts and Liabilities: The administrator is legally empowered to use the estate's assets to first pay off any outstanding debts, taxes, and other liabilities of the deceased before any distribution to heirs.
To Enable Legal Transfer of Assets: Letters of Administration are essential for the legal transfer of property. For instance, to change the title of real estate, financial institutions and government bodies will require this court-issued document. This is a key aspect of the Transfer of Property Act.

Documents Required for Application Under Section 278

To file a petition under Section 278, the applicant must furnish several important documents to the court to support their claim. The following documents are typically required: [1][2]

Original Death Certificate: The official document as proof of the deceased person's death.
Proof of Applicant's Relationship: Documents that establish the applicant's legal relationship with the deceased (e.g., marriage certificate for a spouse, birth certificate for a child). A legal heir certificate is often submitted as primary evidence.
List of All Legal Heirs: A complete list detailing the names, ages, and addresses of all surviving family members and legal heirs of the deceased.
Inventory of Assets and Liabilities: A comprehensive statement listing all movable and immovable properties, bank account details, investments, and any outstanding debts of the deceased.
Affidavits from Other Heirs: No-Objection Certificates (NOCs) in the form of sworn affidavits from the other legal heirs, stating that they have no objection to the grant of Letters of Administration in the applicant's favour.

Process of Applying for Letters of Administration Under Section 278

The process involves a formal application to a court of competent jurisdiction and follows a structured legal procedure to ensure fairness and transparency. [1][2]

Drafting and Filing the Petition: The formal petition must include essential details such as the date and time of death, a list of all surviving family members, a complete valuation of the estate's assets, and the grounds on which the applicant is claiming the right to be the administrator.
Submission to the Competent Court: The petition, along with all the required documents and applicable court fees, is filed in the District Court or the High Court that has jurisdiction over the deceased's last place of residence or the location of their property.
Issuance of Public Notice: Upon accepting the petition, the court issues a public notice, typically published in local newspapers. This is done to invite any objections from other heirs or creditors who may have a claim on the estate.
Hearing and Verification: After a specified waiting period, the court conducts a hearing. The judge examines the petition, verifies the submitted documents, and hears any objections that may have been filed. The applicant may need to provide evidence to support their claim.
Grant of Letters of Administration: If the court is satisfied that the applicant is a rightful heir and there are no valid objections, it will issue the 'Letters of Administration'. This document legally appoints the petitioner as the administrator of the estate, granting them the authority to manage it. A related provision can be found in Section 372 of Indian Succession Act concerning succession certificates.

Importance of Letters of Administration Under Section 278

Obtaining Letters of Administration is not just a formality; it is a legal necessity with significant practical importance for the heirs. [1]

Provides Legal Authority: It is the only document that grants a person the legal right to deal with the assets of someone who died without a will.
Unlocks Financial Assets: Banks, insurance companies, and mutual fund houses will not release funds or transfer investments to the heirs without a court-certified document like this.
Ensures Clear Property Title: For real estate, this document is essential for updating property records and transferring the ownership title to the legal heirs, thereby preventing future legal disputes.
Acts as Conclusive Proof: A court-granted order provides definitive proof of the administrator's authority, which cannot be easily challenged by others later on.

Jurisdiction and Limitation Under Section 278

Understanding the legal boundaries of where and when to file the petition is crucial for a successful application. [1]

Court Jurisdiction: The petition for Letters of Administration must be filed in the court that has territorial jurisdiction to determine the last permanent residence of the deceased or the location of any property they owned.
Time Limitation: The Indian Succession Act, 1925, does not prescribe a strict time limit for filing a petition under Section 278. However, an unreasonable and unexplained delay can lead to the court questioning the applicant's intentions and may result in the dismissal of the petition.
Applicability Across Communities: The provisions of the Indian Succession Act regarding intestate succession apply to all communities, including Hindus, Christians, and Parsis. However, the distribution of assets for Muslims who die without a will is governed by their personal laws, not this Act.

How NoBroker Can Help with Legal Services?

Navigating the complexities of the Indian Succession Act and court procedures like filing a petition under Section 278 can be daunting for a layperson. NoBroker's legal services platform connects you with experienced and verified lawyers who specialise in property and succession matters. Our legal partners can provide expert guidance, assist with drafting the petition, help gather all necessary documentation, and represent you in court, ensuring the entire process is handled smoothly and professionally.

Frequently Asked Questions

Q: What does Section 278 of the Indian Succession Act deal with?

Ans: Section 278 outlines the formal procedure for applying to a court to obtain 'Letters of Administration', which grants legal authority to manage an estate when there is no Will or executor.

Q: Who can apply for probate under Section 278?

Ans: A legal heir of the deceased, such as a spouse, child, or parent, can apply for Letters of Administration under Section 278. Probate, which is different, applies when there is a Will.

Q: Is a lawyer necessary to file under Section 278?

Ans: While not legally mandatory, hiring a lawyer is highly recommended due to the complex legal drafting, procedural requirements, and court appearances involved in the process, which can be difficult for a layperson to manage.

Q: Can a probated will be cancelled or revoked later?

Ans: The court can revoke a granted Letter of Administration (or a Probate) under specific circumstances, such as if the grant was obtained fraudulently or if the administrator misbehaves.

Q: Does probate apply to Hindu, Christian, and Muslim wills equally?

Ans: The Indian Succession Act applies to Christians and Parsis universally. For Hindus, Buddhists, Sikhs, and Jains, it applies in specific territories. It does not apply to Muslims, whose succession is governed by their personal law.

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ARTICLE SOURCES

https://www.ezylegal.in/blogs/understand-the-difference-between-section-276-and-section-278-of-the-indian-succession-act
https://www.indiacode.nic.in/bitstream/123456789/2385/1/a1925-39.pdf
https://indiankanoon.org/doc/791191/
https://kanoongpt.in/bare-acts/the-indian-succession-act-1925/part-ix-chapter-iv-section-278-1a3cae2615a26f24
https://lawgist.in/indian-succession-act/278

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krishnanunni,Author

Krishnan grew up in the libraries of Thiruvananthapuram. As an engineer turned writer, Krishnan is fascinated by the stories told by cities through their buildings, culture and music. His blogs are aimed at breaking down the most relevant and actionable insights on the Indian realty sector.

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