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Section 235: Citation before grant of administration to legatee other than universal or residuary

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 234 All 391 Sections of Indian Succession Act Section 236

Legal Commentary & Landmark Judgments: Section 235

Section 235 mandates the issuance of Citations before letters of administration can be granted to a legatee other than a universal or residuary legatee.

  • Mandatory Citations to Intestate Heirs: Letters of administration cannot be granted to a specific or pecuniary legatee under Section 234 until citations have been issued to the persons who would be entitled in case of intestacy.
  • Opportunity to Contest: Allows statutory intestate heirs to challenge the will or assert their superior right of administration.
  • Jurisdictional Precondition: Failure to issue citations under Section 235 is a substantive defect rendering any subsequent grant voidable under Section 263.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court held that the omission to cite natural heirs under Section 235 is a fatal jurisdictional defect justifying revocation of letters of administration.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that citations under Section 235 guarantee natural justice to relatives who would take the property if the will failed.
Courtroom Practice & Strategic Litigation Guidance:

In petitions by specific legatees under Section 234, counsel must implead all legal heirs of the deceased as respondents; attempting to secure a quiet ex parte grant without citing them violates Section 235 and invites revocation applications.

Section 234 All 391 Sections of Indian Succession Act Section 236