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Section 230: Form and effect of renunciation of executorship

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 229 All 391 Sections of Indian Succession Act Section 231

Legal Commentary & Landmark Judgments: Section 230

Section 230 regulates the form and legal effect of the Renunciation of Executorship by an executor.

  • Oral or Written Renunciation: Renunciation may be made orally in the presence of the Judge or by a writing signed by the person renouncing.
  • Recorded by Court: If made orally, the renunciation must be recorded in the court order-sheet; if in writing, the document is filed of record in the registry.
  • Irrevocable Forfeiture of Office: Renunciation precludes the executor from ever applying for probate of that will, extinguishing his representative rights completely.
Key Landmark Precedents:
  • In re goods of Bholanath AIR 1931 Cal 580: The Calcutta High Court held that under Section 230, a formal written renunciation filed in court is final and irrevocable, clearing the path for legatees to administer under Section 232.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that renunciation under Section 230 releases the named executor from fiduciary burdens and transfers administration to beneficiaries.
Courtroom Practice & Strategic Litigation Guidance:

An executor who does not wish to administer the estate should execute a notarized 'Deed of Renunciation of Executorship' citing Section 230; filing this with the probate registry allows the beneficiaries to take out letters of administration without delay.

Section 229 All 391 Sections of Indian Succession Act Section 231