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Section 257: Probate or administration of rest

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 256 All 391 Sections of Indian Succession Act Section 258

Legal Commentary & Landmark Judgments: Section 257

Section 257 provides for the grant of Probate or Administration of the Rest of the estate following a limited grant or a grant subject to exception.

  • Complementary Grant of the Rest: Whenever a limited grant has expired or a grant subject to exception has been made, probate or administration of the rest of the deceased's property may be granted.
  • Completion of Estate Administration: Ensures that every residual fragment of the estate is covered by lawful representative title.
  • Eligibility of Heirs: Granted to the general executors, residuary legatees, or statutory heirs entitled to the unadministered portion.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that Section 257 operates as a statutory residual bridge, allowing personal representatives to complete administration over previously excluded assets.
  • In re goods of Bholanath AIR 1931 Cal 580: Held that administration of the rest under Section 257 harmonizes seamlessly with prior limited grants.
Courtroom Practice & Strategic Litigation Guidance:

Once an ad litem suit concludes or a limited purpose grant under Section 248 expires, counsel should petition under Section 257 for probate of the rest of the estate to dissolve all temporary restrictions and achieve total closure.

Section 256 All 391 Sections of Indian Succession Act Section 258