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Section 242: Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 241 All 391 Sections of Indian Succession Act Section 243

Legal Commentary & Landmark Judgments: Section 242

Section 242 authorizes the grant of Administration with Will Annexed to the Attorney of an absent person who, if present, would be entitled to administer.

  • Attorney of Absent Residuary Legatee: When any person who, if present, would be entitled to administration with will annexed is absent from the State, administration may be granted to his authorized attorney.
  • Limited for Principal's Benefit: The grant is made for the use and benefit of the principal, and is limited until the principal appears and obtains administration.
  • Priority of Absent Beneficiary: Ensures that the priority of an absent universal or residuary legatee is not lost to secondary claimants.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court held that attorney grants under Section 242 preserve the paramount administrative rights of primary beneficiaries residing across national borders.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that representation through an authorized attorney satisfies all statutory administration mandates.
Courtroom Practice & Strategic Litigation Guidance:

Where all residuary legatees reside abroad, they should jointly execute a Power of Attorney authorizing a single Indian attorney under Section 242; this streamlines proceedings and eliminates the need for foreign heirs to travel for court testimony.

Section 241 All 391 Sections of Indian Succession Act Section 243