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Section 226: Accrual of representation to surviving executor

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 225 All 391 Sections of Indian Succession Act Section 227

Legal Commentary & Landmark Judgments: Section 226

Section 226 provides for the Accrual of Representation to the surviving executor upon the death of one of several executors to whom probate was granted.

  • Automatic Survivorship of Representation: When probate has been granted to several executors, and one of them dies, the entire representation of the estate accrues automatically to the surviving executor or executors.
  • No Fresh Grant Required: The surviving executors continue to represent the estate in full without needing to apply for a fresh grant or amendment of probate.
  • Continuity of Litigation and Title: Pending suits and conveyances can be continued and executed by the surviving executors under Section 226.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that under Section 226, the office of executorship devolves upon surviving joint executors by operation of law, maintaining unbroken estate representation.
  • In re goods of Bholanath AIR 1931 Cal 580: Held that the death of a co-executor does not abate administration; surviving executors exercise 100% of the powers conferred by the grant.
Courtroom Practice & Strategic Litigation Guidance:

In pending civil suits or property transfers where a co-executor passes away, counsel needs only to file a memo enclosing the co-executor's death certificate citing Section 226; the surviving executor has complete statutory standing to proceed alone.

Section 225 All 391 Sections of Indian Succession Act Section 227