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Section 244: Administration during minority of sole executor or residuary legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 243 All 391 Sections of Indian Succession Act Section 245

Legal Commentary & Landmark Judgments: Section 244

Section 244 provides for the grant of Administration Durante Minore Aetate where a Minor is the sole executor or sole residuary legatee.

  • Sole Minor Representative: When a minor is sole executor or sole residuary legatee, letters of administration with will annexed may be granted to the legal guardian of the minor or to such person as the court thinks fit.
  • Limited Until Majority: The grant is limited for the use and benefit of the minor until he attains the age of majority (eighteen years).
  • Surrender upon Majority: Upon attaining majority, the grant ceases and the young adult is entitled to apply for and obtain probate or administration in his own name.
Key Landmark Precedents:
  • Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228: The Supreme Court's landmark ruling on natural guardianship applies to Section 244, establishing that mothers have equal standing to take out administration during minority.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that administration durante minore aetate protects the infant's beneficial estate until legal capacity is achieved.
Courtroom Practice & Strategic Litigation Guidance:

When a will names a 15-year-old child as sole executor, the mother or natural guardian should petition under Section 244 for letters of administration durante minore aetate; the petition must annex the minor's birth certificate to fix the exact date of cessation.

Section 243 All 391 Sections of Indian Succession Act Section 245