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Section 262: Procedure where codicil discovered after grant of administration with will annexed

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 261 All 391 Sections of Indian Succession Act Section 263

Legal Commentary & Landmark Judgments: Section 262

Section 262 prescribes the procedure where a Codicil is discovered after the grant of letters of administration with will annexed.

  • Post-Grant Codicil Discovery: Where a codicil is discovered after the grant of letters of administration with will annexed, the codicil is proved in the same manner as the original will.
  • Annexure to Existing Grant: A copy of the codicil is annexed to the letters of administration, and the grant is amended accordingly.
  • Revocation if Scheme Changed: If the newly discovered codicil alters the appointment of residuary legatees or revokes the will, the existing grant is revoked under Section 263 and a fresh grant issued.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court recognized that post-grant testamentary discoveries are integrated into the administration under Section 262 to ensure complete judicial execution of the testator's will.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that procedural mechanisms under Section 262 maintain testamentary integrity without unnecessarily invalidating past bona fide acts.
Courtroom Practice & Strategic Litigation Guidance:

Upon discovering a codicil after letters of administration have issued, file a petition under Section 262 citing all affected legatees; the court will examine the attesting witness of the codicil and endorse the codicil directly onto the original grant.

Section 261 All 391 Sections of Indian Succession Act Section 263