Section 246: Administration for use and benefit of lunatic or minor

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 246

Section 246 provides for the grant of Administration for the use and benefit of a Lunatic or person of unsound mind entitled to administration.

  • Beneficiary of Unsound Mind: If a sole executor or sole residuary legatee, or person who would be entitled to administer in intestacy, is a lunatic or of unsound mind, administration may be granted to the person to whom the care of his estate has been committed.
  • Appointment of Manager/Guardian: Administration is granted to the committee or manager appointed under mental health legislation, or to such person as the court thinks fit.
  • Limited for Benefit During Incapacity: The grant is limited for the use and benefit of the incapacitated person until he becomes of sound mind.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 246 creates an essential protective trusteeship ensuring that incapacitated heirs receive full estate protection through court-supervised administrators.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that administration for the use and benefit of mentally infirm heirs operates under strict judicial scrutiny.
Courtroom Practice & Strategic Litigation Guidance:

In petitioning under Section 246, annex certified orders of the Mental Health Court or District Court appointing the petitioner as legal manager under the Mental Healthcare Act; this establishes prima facie standing to receive the Section 246 grant.