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PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED · CHAPTER I.—Of Grant of Probate and Letters of Administration

Section 223: Persons to whom probate cannot be granted

The Indian Succession Act, 1925

Probate cannot be granted to any person who is a minor or is of unsound mind 1[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 2[,by notification in the Official Gazette] by the 3[State Government] in this behalf].

Footnotes in the official text

  1. 1.Added by Act 17 of 1931, s. 2., The words “nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, to a married woman without the previous consent of her husband” which originally occurred at the end of this section had been omitted by Act 18 of 1927, s. 2.
  2. 2.Ins. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984).
  3. 3.The words “G.G. in C.” have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

Questions on this section

1 question in 3 of our papers cite Section 223. Try these from the free papers:

  1. 1. Under Section 223 of the Indian Succession Act, 1925, probate cannot be granted to: