Section 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 2 is the dictionary of the Act. It defines ten terms that run through every later Part: administrator, codicil, District Judge, executor, India, Indian Christian, minor, probate, State and Will. If you misread one of these words, you will misread the sections that use it.
Section 2 opens "In this Act, unless there is anything repugnant in the subject or context", so a definition gives way if the context requires. An executor is appointed by the testator in the will; an administrator is appointed by competent authority when there is no executor. Probate is a certified copy of a will with a grant of administration. A minor is a person who has not attained majority under the Indian Majority Act, 1875, or who has not completed eighteen years.
How to read the definitions
As per the text of the Act consulted, section 2 begins with the words "In this Act, unless there is anything repugnant in the subject or context", followed by the clauses in order. The copy also prints a publisher's box in the middle of the section; it is not part of the text of the section and this article does not use it. The defined terms are printed without quotation marks in the copy.
If you are dealing with a will or an estate and are not sure whether you are an "executor" or only a named beneficiary, a legal consultation can sort that out before any asset is touched.
The clauses one by one
(a) Administrator. A person appointed by competent authority to administer the estate of a deceased person when there is no executor. The test is the absence of an executor, not the absence of a will.
(b) Codicil. An instrument made in relation to a will, explaining, altering or adding to its dispositions. A codicil is deemed to form part of the will. That is why later sections can speak of "the Will" and still cover its codicils.
(bb) District Judge. The Judge of a Principal Civil Court of original jurisdiction. In the copy this clause is in square brackets, which marks it as inserted wording; the copy does not say by which amending Act.
(c) Executor. A person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided. The appointment must come from the testator.
(cc) India. In the copy: "India means the territory of India excluding the State of Jammu and Kashmir". This is the clause as it stands in the text consulted, in square brackets as inserted wording. The text consulted carries nothing later than Act 26 of 2002, so whether this wording has since changed must be checked in an up-to-date text.
(d) Indian Christian. A native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion.
(e) Minor and minority. A minor is any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years. Minority means the status of any such person. The Act refers to the Indian Majority Act, 1875 as printed; please check the current law for the corresponding provision.
(f) Probate. The copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator.
(g) State. Includes any division of India having a Court of the last resort. Also in square brackets in the copy.
(h) Will. The legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. For a fuller reading of what makes a document a will, see our guide on the legal declaration and animus testandi.
The definitions at a glance
| Term | Who or what it covers | Key words in the text |
|---|---|---|
| Administrator | Person appointed to administer a deceased person's estate | "when there is no executor" |
| Codicil | Instrument relating to a will | "deemed to form part of the Will" |
| Executor | Person who carries out the last will | "by the testator's appointment" |
| Probate | Certified copy of a will | "with a grant of administration to the estate of the testator" |
| Minor | Person below majority | Indian Majority Act, 1875, or under eighteen years |
| Will | Declaration of intention about property | "to be carried into effect after his death" |
Where the definitions matter in practice
Executor versus administrator. Suppose Ravi's father, Mahesh, dies leaving a will that names Ravi's aunt, Sunita, as the person to carry it out. Sunita is an executor, because Mahesh appointed her. If the will had named nobody, whoever the competent authority appoints would be an administrator. The words follow the clauses above; the invented names only illustrate them.
Codicil. A codicil that changes one bequest in an existing will is part of the will. Anyone reading "the will" in the Act should treat the codicil as part of it.
Probate. The definition makes probate a document: a certified copy of the will together with a grant. Later sections of the Act say when a grant is needed and who may apply; those are covered in the articles on the Parts concerned, not here.
Minor. The two limbs of clause (e) are joined by "and any other person", so a person is a minor if either limb describes him. Several later sections, such as the capacity to make a will and the settlement of a minor's property, use this word.
Points to flag
- Clauses (bb), (cc) and (g) are printed in square brackets, which in this copy mark inserted or substituted words. The copy has no footnotes and does not say which law inserted them.
- Quotation marks and apostrophes are missing throughout the copy ("testators appointment"). Read the clauses with the apostrophe restored; nothing in meaning is lost.
- The definitions in this copy run from clause (a) to clause (h), with the lettered clauses (bb), (cc) and (g) added in brackets. The text prints no further clause.
Later amendments
The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked before relying on any definition, and especially on the wording of clause (cc).
Need help with reading the definitions against your documents?
Whether a person is an executor, an administrator or a legatee changes who may act and who must wait for a grant. If a will is in your hands and the roles are unclear, our legal consultation page explains how to ask for a review.
Key takeaways
- An executor is appointed by the testator; an administrator is appointed where there is no executor.
- A codicil is part of the will it relates to.
- Probate is a certified copy of a will with a grant of administration.
- Minor means a person under the Indian Majority Act, 1875 or under eighteen years.
- Clauses (bb), (cc) and (g) are printed in brackets; check later amendments.
Read next
- Sections 1 and 3: short title, who the Act applies to and exempted persons
- Sections 4-6: domicile and succession to movable and immovable property
- Sections 29-30: when a person dies intestate
- Executor duties under a will: probate, inventory and distribution
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.