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Section 216: Grantee of probate or administration alone to sue, etc., until same revoked

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 215 All 391 Sections of Indian Succession Act Section 217

Legal Commentary & Landmark Judgments: Section 216

Section 216 enacts the doctrine of exclusive representation, providing that after probate or letters of administration have been granted, no other person than the grantee has the power to sue or represent the deceased's estate until the grant is revoked.

  • Core Legal Standard: Section 216 confers complete exclusivity upon the holder of a probate or letters of administration.
  • Operational Mechanism: After any grant of probate or letters of administration has been made, no other person than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the State in which the grant is made, until such probate or letters of administration has been recalled or revoked.

This statutory rule establishes an impenetrable legal monopoly. It prevents rival family members, caveators, or disappointed heirs from interfering in estate litigation or initiating parallel proceedings. The grantee alone holds the lawful authority to collect assets, defend suits, and compromise claims; any suit filed by another person representing the deceased is incurably defective and liable to be dismissed on that threshold ground.

Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507: The Supreme Court affirmed that under Section 216, the grantee of probate is the sole person recognized by law to sue, prosecute, or defend on behalf of the deceased's estate until the grant is revoked by a competent court.
  • Surinder Kumar v. Gian Chand, AIR 1957 SC 875: The Supreme Court recognized that a grant of probate operates as a judgment in rem under Section 41 Evidence Act, giving the executor exclusive representative standing under Section 216.
Legal Commentary:

Section 216 is a decisive procedural shield. If a rival heir attempts to file a suit against a tenant for eviction or claim estate receivables while you hold probate, counsel can immediately file an application under Order VII Rule 11 CPC citing Section 216. Until the probate is formally revoked under Section 263, the grantee has an absolute monopoly over estate representation.

Section 215 All 391 Sections of Indian Succession Act Section 217