Form and effect of renunciation of executorship

Q: When did Section 230 of the Indian Succession Act come into force?

Section 230 of the Indian Succession Act, cited as Succession Act 230, 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 18 Oct 2026

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

Section 230 of the Indian Succession Act, 1925 deals with form and effect of renunciation of executorship. The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude him from ever thereafter applying for probate of the will appointing him executor. The Act came into force on 30 Sep 1925.

The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude him from ever thereafter applying for probate of the will appointing him executor.
Section 230, 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: Central to the decision. The section prescribes the specific manner and conditions for valid renunciation of executorship (must be in writing, duly signed, and made orally in the presence of a Judge or in writing). The Court held that Section 230 is mandatory and leaves no room for 'deemed' or 'implied' renunciation outside its strict terms.

Read the full order on eCourts India

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 230

What have the courts held on Section 230 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: Central to the decision. The section prescribes the specific manner and conditions for valid renunciation of executorship (must be in writing, duly signed, and made orally in the presence of a Judge or in writing). The Court held that Section 230 is mandatory and leaves no room for 'deemed' or 'implied' renunciation outside its strict terms.

How do I find court cases under Section 230 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 230, section 230 Succession Act, section 230 of the Indian Succession Act. People searching for it also type section 230 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 Samir Chandra Das vs Bibhas Chandra Das (07 May 2010).

When did Section 230 of the Indian Succession Act come into force?

Section 230 of the Indian Succession Act, cited as Succession Act 230, 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 18 Oct 2026. This page is not a substitute for legal advice.