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Section 255: Probate or administration, with will annexed, subject to exception

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 254 All 391 Sections of Indian Succession Act Section 256

Legal Commentary & Landmark Judgments: Section 255

Section 255 provides for the grant of Probate or Administration with Will Annexed Subject to Exception where certain property is excluded from the grant.

  • Grant Subject to Exception: Where the testator has appointed an executor for a specific part of his property or for a particular purpose only, probate or administration may be granted to another person for the remainder of the estate.
  • Co-existence of Grants: Allows dual grants: a limited grant under Section 248 for the excluded portion and a general grant subject to exception under Section 255 for the rest.
  • Clean Asset Division: Prevents conflict by explicitly carving out the excepted property in the text of the letters of administration.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that grants subject to exception under Section 255 give full effect to complex wills dividing assets between domestic and commercial executors.
  • In re goods of Bholanath AIR 1931 Cal 580: Held that Section 255 ensures complete estate coverage by administering everything outside the specific executor's portfolio.
Courtroom Practice & Strategic Litigation Guidance:

When applying for general probate where a co-executor was appointed solely for foreign or trust properties, ensure the petition prays for a grant 'subject to the exception of the property covered by the Section 248 limited grant'.

Section 254 All 391 Sections of Indian Succession Act Section 256