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Section 233: Right to administration of representative of deceased residuary legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 232 All 391 Sections of Indian Succession Act Section 234

Legal Commentary & Landmark Judgments: Section 233

Section 233 provides for the transmission of the right to administration to the personal representative of a deceased residuary legatee.

  • Devolution to Representative of Residuary Legatee: When a residuary legatee who has survived the testator dies before obtaining letters of administration, his personal representative has the same right to administration.
  • Vested Interest in Administration: The beneficial right to the residue having vested upon surviving the testator, the administrative right passes down to the legatee's heirs or executors.
  • Exclusion of Original Intestate Heirs: The heirs of the deceased residuary legatee exclude the original testator's next-of-kin from administering the estate.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court noted that a vested residuary interest is transmissible and carries with it the right of representation under Section 233.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that the personal representative of a deceased residuary legatee steps into the shoes of the legatee for all administration purposes.
Courtroom Practice & Strategic Litigation Guidance:

If a residuary legatee survived the testator by a few months but died before filing for letters of administration, his legal heirs can petition under Section 233; they inherit both the residue and the exclusive statutory right to administer.

Section 232 All 391 Sections of Indian Succession Act Section 234