In this Act, unless there is anything repugnant in the subject or context,—
(a) "administrator" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor;
(b) "codicil" means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will;
(bb) "District Judge" means the Judge of a principal Civil Court of original jurisdiction;
(c) "executor" means a person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided;
(cc) "India" means the territory of India excluding the State of Jammu and Kashmir;
(d) "Indian Christian" means 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" means 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; and "minority" means the status of any such person;
(f) "probate" means 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; and
(h) "will" means 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.
Legal Commentary & Landmark Judgments: Section 2
Section 2 establishes the statutory glossary for the entire Indian Succession Act, defining foundational concepts including 'administrator', 'codicil', 'executor', 'probate', 'will', and 'minor'.
The crucial legal elements embedded in this definition are threefold: it must be a legal declaration, it must relate to property, and it must be inherently ambulatory—taking effect solely upon the testator's demise and remaining revocable during their lifetime.
A 'codicil' under clause (b) is an instrument made in relation to a will, explaining, altering, or adding to its dispositions, and is deemed by law to form part of the will itself. 'Probate' under clause (f) denotes the copy of a will certified under the official seal of a court of competent jurisdiction with a grant of administration to the estate of the testator, establishing conclusive title in rem. Clause (c) defines an 'executor' as a person appointed by the testator to execute the testament, while clause (a) defines an 'administrator' as a person appointed by competent authority to administer the estate of a deceased person when no executor exists or qualifies.
Precise classification under Section 2 dictates the jurisdictional gateway for estate litigation. Litigators must carefully distinguish between testamentary instruments and non-testamentary settlements: where an instrument divests the author of title during their lifetime or restricts future alienation irrevocably, it operates as a deed or settlement rather than a will. In probate litigation, establishing that a document satisfies the statutory definition of a 'will' or 'codicil' is the indispensable first hurdle before questions of execution, attestation, and capacity arise.