Section 251: Administration limited to suit

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 251

Section 251 authorizes the grant of Administration Limited to a Suit (Ad Litem) where representation is required to institute or defend a legal proceeding.

  • Administration Ad Litem: When it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, administration may be granted limited to the suit.
  • Duration of Grant: The grant is limited to the purpose of becoming or being made a party to a suit, and until the decree or order therein is carried into complete execution.
  • No Power to Administer Other Assets: The administrator ad litem has no authority to collect general debts or dispose of assets outside the subject-matter of the suit.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that an administrator ad litem appointed under Section 251 represents the estate solely for the purpose of the litigation to prevent abatement of claims.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that limited grants under Section 251 preserve judicial proceedings from stalling when general administration is contested.
Courtroom Practice & Strategic Litigation Guidance:

If a defendant in a high-value commercial suit dies and his legal heirs refuse to take out probate or administration to stall the suit, counsel for the plaintiff should apply to the District Court under Section 251 for appointment of an administrator ad litem to proceed with the trial.