Legatee named as executor cannot take unless be shows intention to act as executor

Q: When did Section 141 of the Indian Succession Act come into force?

Section 141 of the Indian Succession Act, cited as Succession Act 141, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 16 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 141 of the Indian Succession Act, 1925 deals with legatee named as executor cannot take unless be shows intention to act as executor. If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. The Act came into force on 30 Sep 1925.

If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor.
Illustration
A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.
Section 141, The Indian Succession Act, 1925 (Act 39 of 1925).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Gaudiya Mission vs Shobha Bose

Supreme Court of India 15 Jan 2008 Binding (SC)

Court's Decision & Legal Precedent

A statutory appeal under Section 384 of the Indian Succession Act, 1925 is a regular appeal allowing consideration of all questions of fact and law. The Division Bench of the High Court cannot dismiss such an appeal in limine without admitting it and deciding it on merits with a reasoned judgment. The scope of appeal before a Division Bench hearing an intra-court appeal from a Single Judge is the same as the scope before a Single Judge in First Appeal, encompassing both questions of fact and law, and the limitations of Sections 100 and 101 of the Code of Civil Procedure do not apply to such appeals.

On this section: Applies provisions of Code of Civil Procedure, 1908 to testamentary matters, including provisions on reference, revision and review by High Court.

Read the full order on eCourts India

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Questions about Section 141

What have the courts held on Section 141 of the Indian Succession Act?

Gaudiya Mission vs Shobha Bose (15 Jan 2008) is the leading judgment on this section among those set out below: Applies provisions of Code of Civil Procedure, 1908 to testamentary matters, including provisions on reference, revision and review by High Court.

How do I find court cases under Section 141 of the Indian Succession Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 141, section 141 Succession Act, section 141 of the Indian Succession Act. People searching for it also type section 141 indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gaudiya Mission vs Shobha Bose (15 Jan 2008).

When did Section 141 of the Indian Succession Act come into force?

Section 141 of the Indian Succession Act, cited as Succession Act 141, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.