(1) When a person has died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of the State, and it appears to the Court to be necessary or convenient toappoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be administrator.
(2) In every such case letters of administration may be limited or not as the Court thinks fit, Grants with exception.
Legal Commentary & Landmark Judgments: Section 254
Section 254 gives the District Judge discretionary authority to appoint as administrator a person other than the one ordinarily entitled, in cases of insolvency or special circumstances.
Major financial creditors of a deceased borrower whose heirs are bankrupt or warring amongst themselves should apply under Section 254 for appointment of an independent insolvency professional as administrator to recover debts.