(1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.
Illustrations
(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication.
(iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,-- "I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication.
(2) The appointment may be expressed or by necessary implication.
Illustrations
(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication.
(iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,-- "I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication.
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Next · Section 223Persons to whom probate cannot be granted. →All sections / सभी धाराएँThe Indian Succession Act, 1925 →
More sections of this act
Section 1 · Short title.Section 2 · Definitions.Section 3 · Power of State Government to exempt any race, sect or tribe in the State from operation of Act.Section 4 · Application of Part.Section 5 · Law regulating succession to deceased person’s immoveable and moveable property, respectively.Section 6 · One domicile only affects succession to moveables.Section 7 · Domicile of origin of person of legitimate birth.Section 8 · Domicile of origin of illegitimate child.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-01-12. Check the linked official text and subsequent notifications when applying a provision.