Section 247 Succession Act: Administration pendente lite

Section 247 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every suet.

administrator shall be subject to the immediate control of the Court and shall act under its direction.

Legal Commentary & Landmark Judgments: Section 247

Section 247 empowers the District Judge to appoint an Administrator Pendente Lite to manage the estate during the pendency of any contentious probate suit.

Contentious Probate Litigation: Pending any suit touching the validity of the will of a deceased person, or for obtaining or revoking any probate or letters of administration, the court may appoint an administrator pendente lite.
General Powers Excluding Distribution: The administrator pendente lite has all the rights and powers of a general administrator other than the right of distributing the residue of the estate.
Immediate Subordination to Court: Acts as an impartial court officer and receiver to collect rents, safeguard assets, and defend estate litigation under the court's immediate control.

Key Landmark Precedents:

Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court delivered an authoritative ruling on Section 247, holding that an administrator pendente lite is a neutral court officer appointed to prevent asset dissipation during bitter probate battles, without deciding the validity of the will.
Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Affirmed that appointment of an administrator pendente lite under Section 247 preserves the estate in status quo pending final adjudication.

Courtroom Practice & Strategic Litigation Guidance:

In high-stakes probate disputes where the propounder is siphoning company funds or attempting to sell real estate, counsel for the caveator should immediately file an application under Section 247 for appointment of an Administrator Pendente Lite; this freezes alienations instantly.

Section 247: Administration pendente lite

Section 247 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 247