Section 253: Administration limited to collection and preservation of deceased's property

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 253

Section 253 authorizes the grant of Administration Limited to the Collection and Preservation of the deceased's property in emergency situations.

  • Conservational Grant: Where it appears necessary for the protection of property, administration may be granted limited to the collection and preservation of the property of the deceased.
  • Authority to Give Discharges: The administrator may give valid discharges for debts, collect rents, and pay urgent estate taxes and insurance premiums.
  • No Distribution Power: The administrator cannot sell capital assets or distribute funds to heirs; the grant terminates the moment general probate or administration is issued.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court observed that conservational grants under Section 253 prevent estate decay and financial loss while underlying inheritance battles are fought out.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that Section 253 provides essential interim stewardship without prejudging substantive testamentary rights.
Courtroom Practice & Strategic Litigation Guidance:

When a factory owner or business proprietor dies leaving unharvested crops, perishable raw materials, or pending bank receivables, counsel should move an urgent ex parte petition under Section 253 for an emergency collection and preservation grant.