Persons to whom probate cannot be granted
Section 223 of the Indian Succession Act, 1925 deals with persons to whom probate cannot be granted. Probate cannot be granted to any person who is a minor or is of unsound mind [nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made [, by notification in the Official Gazette] by the [State Government in this behalf.] The Act came into force on 30 Sep 1925.
Probate cannot be granted to any person who is a minor or is of unsound mind 1[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 2[, by notification in the Official Gazette] by the 3[State Government in this behalf.]
Section 223, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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.
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Samir Chandra Das vs Bibhas Chandra Das
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 specific disqualifications for grant of probate; Court noted this section does not enumerate 'implied renunciation' as a ground.
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Illachi Devi(d) by Lrs. vs Jain Socty, Protectn. Oforphans India
Court's Decision & Legal Precedent
A society registered under the Societies Registration Act, 1860 is not a juristic person and cannot directly obtain Letters of Administration under Section 236 of the Indian Succession Act. However, a person duly authorized by the society in accordance with law may file an application for Letters of Administration, and upon grant thereof, such person shall carry out the wishes of the testator for the benefit of the society. The legislature deliberately restricted eligibility for Letters of Administration to individuals and companies (not associations of individuals) to ensure fiduciary duties are performed with integrity and efficiency, and this restriction must be given its plain and literal meaning.
On this section: Disqualifies minors, persons of unsound mind, and associations of individuals (except companies satisfying prescribed conditions) from obtaining probate; central provision for determining eligibility
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 223
What have the courts held on Section 223 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 specific disqualifications for grant of probate; Court noted this section does not enumerate 'implied renunciation' as a ground. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2003 to 2010.
How do I find court cases under Section 223 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 223, section 223 Succession Act, section 223 of the Indian Succession Act. People searching for it also type section 223 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Samir Chandra Das vs Bibhas Chandra Das (07 May 2010).
What should I read with Section 223 of the Indian Succession Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 223 of the Indian Succession Act come into force?
Section 223 of the Indian Succession Act, cited as Succession Act 223, 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
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
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.