Exact-text succession provision

Indian Succession Act Section 213: Right as executor or legatee when established

Operative text and workflow for section 213.

Exact provisionProbate

Finin2min Summary — in 2 Minutes

Section 213 — Right as executor or legatee when established — is captured from the official India Code provision and translated into an estate-action checklist.

Source, ownership and publication status

Legal ownerDistrict Judge / High Court / executor / administrator

Source statusofficial section text captured and professionally condensed

Review date2026-07-19

Primary sourceIndia Code — Indian Succession Act

Provision-specific Finin2min interpretation

Who may act

Identify testamentary capacity, executor/administrator status, beneficiary standing and territorial/personal-law application.

Document and witness proof

Preserve the original will/codicil, execution circumstances, witness identity, medical/capacity evidence, revocation history and asset schedule.

Court process

Map petition, valuation, court fee, citation, caveat, affidavit, notice, evidence, inventory/account and grant conditions.

Practical example

An estate team verifies the governing personal law and territorial probate requirement, secures the original instrument and witness evidence, values the estate and files the correct probate, administration or succession-certificate proceeding.

Implementation and evidence controls

Freeze the exact provision, Rule, form, forum, transaction/event date and official source version.
Map the trigger, responsible person, filing/notice, evidence, deadline, default consequence and remedy.
Preserve the original record, authority, service proof, portal receipt, calculation, chronology and superseded versions.
Re-test State/High Court amendments, special-law modifications and later case treatment before action.

Practical Q&A

Does nomination replace succession?

Usually no. Nomination commonly enables receipt or administration; beneficial ownership must be tested under the asset-specific statute and succession law.

Can a scanned will replace the original automatically?

No. Loss, destruction, revocation and secondary-evidence requirements require fact-specific proof.

Certified operative reading text

(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. (2) This section shall not apply in the case of wills made by Muhammadans or Indian Christians, and shall only apply— (i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any Parsi dying after the commencement of the Indian Succession (Amendment) Act, 1962, where such wills are made within the local limits of the ordinary-original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits. State amendments and later territorial/personal-law changes must be checked from the current official source.