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Section 248: Probate limited to purpose specified in will

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1925
Section 247 All 391 Sections of Indian Succession Act Section 249

Legal Commentary & Landmark Judgments: Section 248

Section 248 provides for the grant of Probate Limited to a Purpose specified in the will where the testator appointed an executor for a designated special purpose only.

  • Special Purpose Executorship: Where a person is appointed an executor of a will for a particular purpose only (e.g. managing a literary estate, copyright, or a specific business), probate is granted limited to that purpose.
  • Confinement of Representative Authority: The executor's legal title and powers are strictly confined to the property and transactions necessary for fulfilling that specified purpose.
  • Remainder Granted to General Representatives: General probate or administration in respect of the rest of the estate is granted to other executors or residuary legatees under Section 255.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that probate jurisdiction accommodates limited testamentary appointments under Section 248 to respect the specialized allocations of the testator.
  • In re goods of Bholanath AIR 1931 Cal 580: Affirmed that limited probate under Section 248 operates strictly within the four corners of the specific mandate conferred by the will.
Courtroom Practice & Strategic Litigation Guidance:

In wills involving intellectual property or offshore businesses, advise testators to appoint specialized executors for those assets; the specialized executor applies under Section 248 for limited probate without having to meddle in general domestic estate administration.

Section 247 All 391 Sections of Indian Succession Act Section 249