Grant of administration to universal or residuary legatees

Q: When did Section 232 of the Indian Succession Act come into force?

Section 232 of the Indian Succession Act, cited as Succession Act 232, 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 14 Oct 2026

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

Section 232 of the Indian Succession Act, 1925 deals with grant of administration to universal or residuary legatees. When-- (a) the deceased has made a will, but has not appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or (c) the executor dies after having proved the will, but befor The Act came into force on 30 Sep 1925.

When--
(a) the deceased has made a will, but has not appointed an executor, or
(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or
(c) the executor dies after having proved the will, but before he has administered all the estate of the deceased,
an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.
Section 232, 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.

Vatsala Srinivasan vs Shyamala Raghunathan

Supreme Court of India 11 Feb 2016 Persuasive (Other High Court) Marked not reportable

Court's Decision & Legal Precedent

Upon death of an executor during pendency of testamentary proceedings, the proceedings do not abate. Instead, the proceedings can be converted from probate proceedings (for grant of probate to executor) to proceedings for grant of letter of administration (for an administrator to manage the estate). This conversion is permissible because both types of proceedings serve the identical essential purpose of establishing and proving the genuineness and authenticity of the will. The executor holds no personal interest in the estate - the executor acts as a representative for all beneficiaries. Therefore, the maxim 'actio personalis moritur cum persona' (a personal action dies with the person) does not apply. Any beneficiary can intervene to continue the proceedings with formal modification seeking letters of administration with the will annexed.

On this section: Applied to establish that property can be administered by an Administrator under this section, which is the main purpose achievable through letter of administration even when executor dies

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 232

What have the courts held on Section 232 of the Indian Succession Act?

Vatsala Srinivasan vs Shyamala Raghunathan (11 Feb 2016) is the leading judgment on this section among those set out below: Applied to establish that property can be administered by an Administrator under this section, which is the main purpose achievable through letter of administration even when executor dies.

How do I find court cases under Section 232 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 232, section 232 Succession Act, section 232 of the 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 Vatsala Srinivasan vs Shyamala Raghunathan (11 Feb 2016).

When did Section 232 of the Indian Succession Act come into force?

Section 232 of the Indian Succession Act, cited as Succession Act 232, 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 14 Oct 2026. This page is not a substitute for legal advice.