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Report No. 110

35.23. Section 225.-

Section 225 provides that if a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will. It also provides that if different executors are appointed by the codicil, the probate of the will shall be revoked and a new probate granted of the will and the codicil together.

No amendment is required in the section, which has raised no problems.

35.24. Section 226.-

According to section 226, when probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors. No amendment is required in this section also.

35.25. Section 227.-

Section 227 provides that probate of a will, when granted, establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.

This section also needs no change.

35.26. Section 228.-

Section 228 provides that when a will has been proved and deposited in a court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of India, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy1 of such will annexed. Certain questions arise under this section, which concern section 241 also, section 241 is as follows:-

"241. When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the will annexed2, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to him."

1. Note the word 'copy'.

2. Note the word

The Indian Succession Act, 1925 Back

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