Home  /  Indian Succession Act  /  Section 223

Section 223: Persons to whom probate cannot be granted

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 222 All 391 Sections of Indian Succession Act Section 224

Legal Commentary & Landmark Judgments: Section 223

Section 223 enumerates statutory disqualifications, providing that probate cannot be granted to any person who is a minor or of unsound mind, nor to an association of individuals unless it is a company.

  • Disqualification of Minors and Incapacitated Persons: Probate cannot be granted to any person who is a minor or who is of unsound mind at the date of the application.
  • Bar on Unincorporated Associations: Probate cannot be granted to any association of individuals unless it is an incorporated company satisfying the rules prescribed by the High Court.
  • Appointment of Sole Executor Minor: Where a minor is the sole executor, administration during minority (durante minore aetate) is granted to his guardian under Section 244.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that the probate court is bound by statutory bars under Section 223 and cannot appoint an ineligible or incapacitated person as an executor of an estate.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Recognized that Section 223 safeguards estates by ensuring that only competent legal entities manage testamentary administration.
Courtroom Practice & Strategic Litigation Guidance:

If a testator appoints an unincorporated partnership firm or society as executor, the probate court will reject the petition under Section 223; counsel must convert the petition into an application for letters of administration with will annexed under Section 234.

Section 222 All 391 Sections of Indian Succession Act Section 224