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Section 243: Administration to attorney of absent person entitled to administer in case of intestacy

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 242 All 391 Sections of Indian Succession Act Section 244

Legal Commentary & Landmark Judgments: Section 243

Section 243 authorizes the grant of Administration to the Attorney of an absent person entitled to administer in case of total Intestacy.

  • Intestacy Attorney Grant: When any person entitled to administration in case of intestacy is absent from the State, letters of administration may be granted to his lawfully constituted attorney.
  • Limited Duration: The grant is limited for the use and benefit of the absent principal until he returns and takes out administration himself.
  • Surety and Security Compliance: The attorney administrator must execute an administration bond with sureties under Section 291.
Key Landmark Precedents:
  • Alagammal v. Rakkammal (1992) 1 SCC 51: The Supreme Court recognized that attorney administration in intestacy under Section 243 safeguards estate assets on behalf of overseas next-of-kin.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that representative grants under Section 243 carry full authority to collect debts and discharge liabilities.
Courtroom Practice & Strategic Litigation Guidance:

An attorney applying under Section 243 must be prepared to furnish local solvent sureties for the administration bond; counsel should arrange title deeds of local property for the sureties before the final grant hearing.

Section 242 All 391 Sections of Indian Succession Act Section 244