Executor's title vests on death; probate only proves authority and does not defer limitation for suit accrual.

An executor derives title and representative capacity from the will on the testator's death; probate is only authenticated proof of that authority and does not create the executor's title. Sections 211 and 227 of the Indian Succession Act, 1925 treat the executor as the legal representative and vest the deceased's property in that character, while section 213 restricts proof in court without probate. Probate therefore validates the will and intermediate acts but does not postpone accrual of the right to sue. On that reasoning, limitation runs from the date of death, not from the later grant of probate, and the suit for possession and management was treated as time-barred.

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Issues: Whether an executor under a will acquires title to and representative capacity over the deceased's estate on the testator's death, notwithstanding that probate is obtained later, and whether the plaintiff's suit for possession and management was barred by limitation.

Analysis: The provisions of the Indian Succession Act, 1925 distinguish between the executor and the administrator. An executor derives authority from the will itself, while probate is only the authenticated proof of that authority. Section 211 treats the executor as the legal representative and vests the deceased's property in him as such, without making vesting dependent on probate. Section 213 bars proof of the right as executor or legatee in court without probate, but it is a rule affecting proof, not the source of title. The scheme of Sections 211, 227, 305 and the related provisions shows that probate establishes the will and validates intermediate acts, yet does not create the executor's title. On that basis, the executor's right and representative capacity arise on the death of the testator. Since limitation runs from the time the right to sue accrues, the plaintiff could not postpone limitation until probate was obtained. The will also did not make possession conditional upon prior probate.

Conclusion: The executor's title vested on the testator's death, limitation ran from that date, and the suit was barred.

Ratio Decidendi: Under the Indian Succession Act, 1925, an executor's title and legal representative capacity arise from the will on the testator's death, while probate merely authenticates that title for proof in court and does not postpone the commencement of limitation.

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