Sections 222-226 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.
Probate is granted on a will, and sections 222 to 226 of the Indian Succession Act, 1925 say to whom. Section 222 limits probate to an executor appointed by the will and explains appointment by implication. Section 223 names those who cannot be granted probate. Sections 224 to 226 deal with several executors, a codicil found after probate, and what happens when one of several executors dies. This article explains all five, as per the text of the Act consulted.
Under s.222, probate is granted only to an executor appointed by the will; the appointment may be expressed or by necessary implication. Under s.223, probate cannot be granted to a minor, a person of unsound mind, or an association of individuals unless it is a company meeting conditions prescribed by rules. Under s.224, probate can go to several executors at once or at different times. Under s.225, a later-found codicil may get a separate probate, but a different executor in the codicil means the will's probate is revoked and a new one granted. Under s.226, if one of several executors dies, the survivor takes the whole representation.
Section 222: probate only to an appointed executor
Sub-section (1)
Probate shall be granted only to an executor appointed by the will. An executor is defined in s.2; our article on the definitions in s.2 explains it. Where a will names no executor, other sections apply; see ss.232-236A on letters of administration with the will annexed.
Sub-section (2): express or implied appointment
The appointment may be expressed or by necessary implication. The Act gives three illustrations, which are old and are the Act's own.
- A wills that C be his executor if B will not. The Act says B is appointed executor by implication.
- A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds a clause that, should C be not living, he appoints B his whole and sole executrix. The Act says C is appointed executrix by implication.
- A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil says he appoints his nephew residuary legatee to discharge all lawful demands against his will and codicils. The Act says the nephew is appointed an executor by implication. For the residuary legatee in general, see our article on ss.102-103.
Whether a will appoints an executor by "necessary implication" is a matter of its words. If you have a will that names no executor in terms but uses language like the above, a legal consultation can help you read it against these illustrations.
Section 223: those to whom probate cannot be granted
Probate cannot be granted to:
- any person who is a minor;
- any person who is of unsound mind; nor
- 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 conditions are "as notified or prescribed" by the State Government. This article names no rule. Minority is defined in s.2(e) with reference to the Indian Majority Act, 1875, as printed; the reader should check the current law for the corresponding provision. (In the copy consulted the closing words of s.223 are in square brackets, and the copy does not say which amending Act inserted them.)
The matching rule for letters of administration is in s.236, covered in our article on ss.232-236A.
Section 224: several executors
Sub-section (1)
When several executors are appointed, probate may be granted to them all simultaneously or at different times. The section is headed "(1)" in the copy consulted but there is no sub-section (2); the numbering is a printing slip, and nothing is missing.
The Act's illustration
A is an executor of B's will by express appointment and C an executor of it by implication. Probate may be granted to A and C at the same time, or to A first and then C, or to C first and then A.
Section 225: a codicil discovered after probate
Sub-section (1)
If a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will.
Sub-section (2)
If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together.
Section 226: accrual to the surviving executor
When probate has been granted to several executors and one of them dies, the entire representation of the testator accrues to the surviving executor or executors. So the survivor does not need a fresh grant; the text says the representation accrues.
The five sections at a glance
| Section | Subject | Rule in the text |
|---|---|---|
| 222(1) | Who gets probate | Only an executor appointed by the will |
| 222(2) | How appointed | Expressed or by necessary implication |
| 223 | Who cannot | Minor; person of unsound mind; association of individuals unless a company meeting prescribed conditions |
| 224 | Several executors | Probate to all simultaneously or at different times |
| 225 | Codicil found after probate | Separate probate if it does not repeal the executors' appointment; otherwise revoke and grant a new probate of will and codicil together |
| 226 | Death of one of several | Entire representation accrues to the survivor or survivors |
A fresh example
Kamla's will names her sons Dev and Hari as executors, and after her death probate is granted to Dev alone. Under s.224, probate may be granted to several executors simultaneously or at different times, so Hari may still apply later. Months afterwards, a codicil is found that leaves the executors unchanged and only adds a small legacy. Under s.225(1), a separate probate of the codicil may be granted to the executor, since it does not repeal the appointment of executors. If the codicil had named a third person as an executor, s.225(2) would require the probate of the will to be revoked and a new probate granted of the will and the codicil together. If Dev and Hari both held probate and Hari died, s.226 would give the entire representation to Dev.
Practical points
- Read the will for the executor. Section 222(2) allows appointment by necessary implication.
- Check the person's capacity. A minor or a person of unsound mind cannot get probate.
- Companies and associations. Only a company meeting the prescribed conditions.
- Codicils. A codicil may change which executors act.
- After a death. The survivor takes the whole representation under s.226.
Executors' duties after the grant are in executor duties under a will. Whether probate is needed at all before a right can be established is discussed in section 213.
Need help applying for probate as an executor?
Whether you are named expressly, named by implication, or sharing the role with others, the first step is to read the will and any codicil together. Our team can assess the papers and explain what the Act says about the grant. Contact us for a legal consultation and bring the will, any codicil and the death certificate.
Key takeaways
- Section 222: probate only to an executor appointed by the will, expressly or by necessary implication.
- Section 223: no probate to a minor, a person of unsound mind or an association of individuals other than a company meeting prescribed conditions.
- Section 224: probate may go to several executors together or at different times.
- Section 225: a codicil found after probate may get a separate probate, unless it appoints different executors, in which case a new probate of will and codicil together is granted.
- Section 226: on the death of one of several executors, the survivors take the entire representation.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 227-231: effect of probate, will proved abroad and renunciation of executorship
- Sections 219-221: who is entitled to letters of administration, and their effect
- Sections 232-236A: letters of administration with the will annexed
- 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.