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Section 249: Administration, with will annexed, limited to particular purpose

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 248 All 391 Sections of Indian Succession Act Section 250

Legal Commentary & Landmark Judgments: Section 249

Section 249 authorizes the grant of Administration with Will Annexed Limited to a particular purpose where no executor was appointed for that purpose.

  • Limited Administration with Will Annexed: Where the will contains a bequest for a particular purpose, but no executor is appointed for that purpose, or the appointed executor is dead, incapable, or refuses to act, administration with will annexed may be granted limited to that purpose.
  • Beneficiary Entitlement: The grant is made to the specific legatee or person interested in the fulfillment of that particular purpose.
  • Security and Reporting: The limited administrator must give security and account for the realization of the designated asset.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that limited administration under Section 249 ensures that isolated testamentary purposes do not fail due to executor vacancy.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that courts possess targeted administrative authority under Section 249 to effectuate specific bequests.
Courtroom Practice & Strategic Litigation Guidance:

A beneficiary entitled to a specific charitable bequest or designated bank fund under a will where general executors refuse to act should apply under Section 249 for administration limited to that specific fund; this avoids fighting over the general estate.

Section 248 All 391 Sections of Indian Succession Act Section 250