Section 252: Administration limited to purpose of becoming party to suit to be brought against administrator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 252

Section 252 provides for the grant of Administration Limited to the Purpose of becoming party to a suit to be brought against an executor or administrator.

  • Suit Against Absent Executor: Where an executor or administrator is residing outside the State, and it is intended to bring a suit against him in that character, administration may be granted to a nominee limited to the suit.
  • Defendant Representative Status: Enables plaintiffs to institute recovery or trust actions within the jurisdiction without waiting for the foreign executor to return.
  • Judicial Defense Supervision: The limited administrator defends the suit under the instructions and supervision of the court.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court held that Section 252 ensures that creditors and claimants are not denied access to justice merely because the estate's primary representative has left the jurisdiction.
  • Alagammal v. Rakkammal (1992) 1 SCC 51: Affirmed that targeted limited representations under the Act overcome cross-border service barriers.
Courtroom Practice & Strategic Litigation Guidance:

Creditors seeking to sue an estate whose executor has relocated abroad should apply under Section 252 for appointment of an administrator limited to being made defendant in the suit, ensuring service within the local jurisdiction.