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Section 234: Grant of administration where no executor, nor residuary legatee nor representative of such legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 233 All 391 Sections of Indian Succession Act Section 235

Legal Commentary & Landmark Judgments: Section 234

Section 234 prescribes the fallback priority for the grant of administration with will annexed where there is no executor, no residuary legatee, and no representative of such legatee.

  • Fallback Administration Waterfall: Triggered where no executor, residuary legatee, or representative of a residuary legatee is available or willing to act.
  • Grant to Person Having Right in Intestacy: Administration may be granted to that person or persons who would have been entitled to the estate if the deceased had died intestate.
  • Grant to Other Legatees or Creditors: Failing intestate heirs, the court may grant administration to any other specific legatee, or to a creditor who proves his debt.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 234 establishes an equitable cascade ensuring that distressed estates never remain unadministered.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that creditors and specific legatees can step in under Section 234 to preserve assets and realize their claims.
Courtroom Practice & Strategic Litigation Guidance:

A specific legatee (e.g. someone left a car or single bank account) seeking administration under Section 234 must plead and prove that the executor renounced and that no residuary legatee exists, exhausting prior tiers.

Section 233 All 391 Sections of Indian Succession Act Section 235