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Section 231: Procedure where executor renounces or fails to accept within time limited

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 230 All 391 Sections of Indian Succession Act Section 232

Legal Commentary & Landmark Judgments: Section 231

Section 231 prescribes the procedure where an executor renounces or fails to accept executorship within the time limited by the citation.

  • Failure to Accept After Citation: If an executor renounces or fails to accept the executorship within the time limited by the citation, his right in respect of the executorship wholly ceases.
  • Automatic Transfer of Administration Right: The representation of the estate and the right to administration with will annexed devolves as if no executor had been appointed by the will.
  • Deemed Non-Appointment Fiction: Creates a statutory legal fiction treating the will as one without an executor, empowering residuary legatees to apply under Section 232.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that Section 231 provides a clean exit mechanism to prevent an indifferent or recalcitrant executor from freezing testamentary succession.
  • In re goods of Bholanath AIR 1931 Cal 580: Held that expiry of citation time under Section 231 conclusively extinguishes the named executor's title.
Courtroom Practice & Strategic Litigation Guidance:

Upon the expiry of the returnable date of a Section 229 citation where the executor failed to enter an appearance, counsel should move an urgent application under Section 231 for an order recording forfeiture of executorship and proceeding to grant administration to the client.

Section 230 All 391 Sections of Indian Succession Act Section 232