Repealed or not in force · As amended up to 2026-08
193. When a person appointed an executor has not renounced the
executorship, letters of administr'ation shall not be grantGrant of administra/ tionwhere executor has ed to any other person until a citation has been issued, not renbunced. calling upon the executor to accept or renounce his execu-
torship; except that when one or more of several executors have proved a
Will, the Court may, on the death of the survivor of those who have proved, grant letters of administration without
Exception. citing those who have not proved.
194.[The renunciation may be made orally in the presence of the ] Judge, or by a writing signed by the' person renouncing, and when made shall preclude him from ever thereafter applying for probate of the Will appointing hini executor. 195. If
Form and efTect of renunciation of.execu-
4 TV
ACT No. X OF 1805.
`143`
195.[If ][the executor renounce, or fail to accept the executorship ] Procedure where exewithin 'the time limited for the acceptance or ref'usa.1 thereof, cutor renounces or fails to acce~t within the the Will may be proved and letters ofadministration, with time limited. a copy of the Will annexed, may be granted to the person T V ~ O would be entitled to administration in case of intestacy.
196. When the deceased -has made a Will, but has not. appointed an Grant of administraexecutor, or when he has appointed an executor who is tion to universal or legally incapable or refuses to act, or has died before the residuary legatee. testator, or before he has proved the Will, or when the executor dies after having proved the Will but before he has administered all the estate of the deceased ; an universal or a residuary legatee may be admitted to prove the Will, ahd letters of administration witlr the Will annexed may be granted to him of the nrllole estate, or of so much thereof as may be unadmi~istered.
197,[When a residuary legatee who has a beneficial interest survives ] the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the Will annexed as such residuary legatee,
Right to administration of representative of deceased residuary legatee.
198. When there is no executor and no residuary legatee or representaGrant of administrative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of tbe estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the Will, and letters of administration may be granted to him or them accordingly. 199. Letters of administration with the Will annexed shall not be granted to any legatee other than an universal or a reCitation to be issued siduary legatee, until a citation has beenissued and published than universal or universal or or in the manner hereinafter mentioned, calling on the next - of kin to accept or refuse letters of administration.
Grant of administration when there is no pxecutor, nor residuary legatee, norrepresentative of such legatee.
having a beneficial interest, or a creditor, may be admitted to prove the Will, and letters of administration may be granted to him or them accordingly.
Citation to be issued before grant of adrninistration to any legatee other than universal or universal or or residuary. -
Source: India Code