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Section 256: Administration with exception

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 255 All 391 Sections of Indian Succession Act Section 257

Legal Commentary & Landmark Judgments: Section 256

Section 256 authorizes the grant of Administration with Exception in cases of total or partial Intestacy.

  • Intestacy Administration with Exception: Whenever the nature of the case and the scheduled property require, letters of administration in an intestacy may be granted subject to an exception of specified assets.
  • Exclusion of Contested or Trust Assets: Used to carve out assets subject to pending land ceiling disputes or trust properties, allowing heirs to administer uncontested assets immediately.
  • Subsequent Grant for Excepted Assets: The excepted property can be administered separately under Section 257 when legal impediments are resolved.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court recognized that Section 256 provides administrative flexibility, preventing title disputes over one property from blocking the administration of the rest of the estate.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that administration with exception facilitates practical estate distribution.
Courtroom Practice & Strategic Litigation Guidance:

If one family property is embroiled in a protracted municipal title dispute, counsel should apply for letters of administration under Section 256 'with the exception of Property X'; this allows immediate access to bank accounts and undisputed real estate.

Section 255 All 391 Sections of Indian Succession Act Section 257