Probate only to appointed executor

Q: When did Section 222 of the Indian Succession Act come into force?

Section 222 of the Indian Succession Act, cited as Succession Act 222, 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 15 Oct 2026

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

Section 222 of the Indian Succession Act, 1925 deals with probate only to appointed executor. Probate shall be granted only to an executor appointed by the will. The Act came into force on 30 Sep 1925.

(1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.
Illustrations
(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication.
(iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,-- "I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication.
Section 222, 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.

Samir Chandra Das vs Bibhas Chandra Das

Supreme Court of India 07 May 2010 Binding (SC) Reportable 2010 (5) SCC [Inferred - Reportable judgment of Supreme Court]

Court's Decision & Legal Precedent

An executor can only renounce their position through formal written renunciation in strict compliance with Section 230 of the Indian Succession Act. There is no doctrine of 'implied renunciation' or 'deemed renunciation' in Indian law. When a statute prescribes a specific manner and conditions for an act, that act cannot be done in any other manner, and courts must adhere scrupulously to the statutory provision. An executor's conduct in witnessing or facilitating property transactions that are expressly authorized by the will itself does not constitute 'hostile conduct' sufficient to disqualify them from probate, as they are merely carrying out the testator's wishes. Probate cannot be denied except on grounds enumerated in the statute (Sections 222-223), and novel grounds of disqualification cannot be judicially created.

On this section: Cited in relation to grounds for disqualification of persons applying for probate; the Court examined whether this section could be read to include implied renunciation.

Read the full order on eCourts India

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Questions about Section 222

What have the courts held on Section 222 of the Indian Succession Act?

Samir Chandra Das vs Bibhas Chandra Das (07 May 2010) is the leading judgment on this section among those set out below: Cited in relation to grounds for disqualification of persons applying for probate; the Court examined whether this section could be read to include implied renunciation.

How do I find court cases under Section 222 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 222, section 222 Succession Act, section 222 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 222. 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 Samir Chandra Das vs Bibhas Chandra Das (07 May 2010).

When did Section 222 of the Indian Succession Act come into force?

Section 222 of the Indian Succession Act, cited as Succession Act 222, 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 15 Oct 2026. This page is not a substitute for legal advice.