Effect of probate
Section 227 of the Indian Succession Act, 1925 deals with effect of probate. Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such. The Act came into force on 30 Sep 1925.
Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.
Section 227, 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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Suresh Manilal Mehta vs Varsha Bhadresh Joshi
Court's Decision & Legal Precedent
The right to apply for probate under Article 137 of the Limitation Act, 1963 is a continuing right that can be exercised at any time after the testator's death so long as the right to do so survives. The limitation period begins when the right to apply accrues, which is when it becomes necessary to apply, not from the date of death. Delay beyond three years from the date of death arouses suspicion, but once execution and attestation of the Will are proved, the suspicion of delay no longer operates and cannot be equated with an absolute bar of limitation. A testator need not be in perfect physical or mental health to execute a valid Will; so long as the testator has sufficient capacity to discern and discreetly judge the matters that enter into a rational, fair, and just testament, testamentary capacity is established. Chronic ailments such as diabetes, hypertension, and heart disease do not per se constitute lack of testamentary capacity. Allegations of forgery must be supported by credible evidence, including expert handwriting analysis; bare assertions without foundation are insufficient. In testamentary jurisdiction, the court exercises circumspection, not suspicion, and the test is not of absolute exactitude or great precision.
On this section: Establishes the effect of probate in validating the Will from the date of the testator's death and rendering valid all intermediate acts of the executor
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 227
What have the courts held on Section 227 of the Indian Succession Act?
Suresh Manilal Mehta vs Varsha Bhadresh Joshi (02 Dec 2016) is the leading judgment on this section among those set out below: Establishes the effect of probate in validating the Will from the date of the testator's death and rendering valid all intermediate acts of the executor.
How do I find court cases under Section 227 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 227, section 227 Succession Act, section 227 of the Indian Succession Act. People searching for it also type 227 of 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 Suresh Manilal Mehta vs Varsha Bhadresh Joshi (02 Dec 2016).
What should I read with Section 227 of the Indian Succession Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 227 of the Indian Succession Act come into force?
Section 227 of the Indian Succession Act, cited as Succession Act 227, 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 14 Oct 2026. This page is not a substitute for legal advice.