Section 225 of ISA : Section 225: Separate Probate Of Codicil Discovered After Grant Of Probate

Explanation using Example

Imagine that Mr. Sharma, who had written a will appointing his daughter as the executor, passes away. A probate is granted to the daughter based on the will. Later, a codicil is found which does not change the executor but modifies some bequests. According to Section 225(1) of The Indian Succession Act, 1925, the daughter can apply for and receive a separate probate for this codicil without affecting her role as executor.

In another scenario, if the discovered codicil had appointed Mr. Sharma's son as the executor instead, under Section 225(2), the original probate granted to the daughter would be revoked, and a new probate would need to be issued that covers both the will and the codicil, recognizing the son as the executor.