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Section 241: Administration, with will annexed, to attorney of absent executor

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 240 All 391 Sections of Indian Succession Act Section 242

Legal Commentary & Landmark Judgments: Section 241

Section 241 authorizes the grant of Administration with Will Annexed to the Attorney of an absent executor who is outside the State.

  • Absent Executor Power of Attorney: When any executor is absent from the State in which application is made, letters of administration with will annexed may be granted to his lawfully authorized attorney.
  • For the Use and Benefit of Executor: The grant is made for the use and benefit of the executor, and is limited until the executor himself applies for and obtains probate.
  • Power of Attorney Verification: The power of attorney must be properly authenticated by a Notary Public or consular officer under Section 85 of the Indian Evidence Act / BSA.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court recognized that lawfully constituted attorneys can take out administration under Section 241 to represent absent foreign personal representatives.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that Section 241 provides practical cross-border operational flexibility for modern transnational families.
Courtroom Practice & Strategic Litigation Guidance:

For an NRI executor residing in the US or UK, execute a Special Power of Attorney empowering an Indian advocate or relative to apply under Section 241; ensure the POA is apostilled/consularized and duly stamped in India before filing in the District Court.

Section 240 All 391 Sections of Indian Succession Act Section 242