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Section 224: Grant of probate to several executors simultaneously or at different times

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 223 All 391 Sections of Indian Succession Act Section 225

Legal Commentary & Landmark Judgments: Section 224

Section 224 authorizes the grant of probate to several executors simultaneously or at different times as they prove the will.

  • Simultaneous or Successive Grants: Where several executors are appointed by the will, probate may be granted to them all simultaneously or at different times.
  • Double Probate Procedure: If one executor proves the will first, power is reserved to the remaining named executors to come in and apply for probate (double probate) at any subsequent time.
  • Joint Representation: All executors who have proved the will have joint and several authority to represent and bind the estate.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that multiple executors appointed under Section 224 hold joint representative authority, and the probate grant confirms their status as court officers.
  • In re goods of Bholanath AIR 1931 Cal 580: Affirmed that an executor omitted from the initial grant can obtain double probate under Section 224 without disturbing past lawful acts of the proving executor.
Courtroom Practice & Strategic Litigation Guidance:

When applying for probate on behalf of one of multiple executors, ensure the petition prays: 'reserving leave to the other named executors to apply for probate'; this complies with Section 224 and avoids having to issue citations to co-executors living abroad.

Section 223 All 391 Sections of Indian Succession Act Section 225