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Section 245: Administration during minority of several executors or residuary legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 244 All 391 Sections of Indian Succession Act Section 246

Legal Commentary & Landmark Judgments: Section 245

Section 245 regulates the grant of Administration during Minority where there are several executors or residuary legatees and all are minors.

  • Multiple Minor Representatives: When there are two or more executors or residuary legatees, and all of them are minors, administration is granted to a guardian or court-appointed administrator.
  • Cessation on First Majority: The grant is limited until one of them attains the age of majority and applies for probate or administration.
  • Immediate Handover: The moment the eldest minor turns 18, he is entitled to take over the office, terminating the guardian's administration.
Key Landmark Precedents:
  • Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228: Affirmed that parental stewardship of minor inheritances under Section 245 is fiduciary in character and yields upon the attainment of legal majority.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Recognized that the cessation of minority grants occurs by operation of law upon the first qualified adult stepping forward.
Courtroom Practice & Strategic Litigation Guidance:

If one of several minor executors reaches 18 during the pendency of a Section 245 grant, counsel should immediately file an application for discharge of the guardian and grant of probate to the newly adult executor under Section 224.

Section 244 All 391 Sections of Indian Succession Act Section 246