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Section 258: Grant of effects unadministered

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 257 All 391 Sections of Indian Succession Act Section 259

Legal Commentary & Landmark Judgments: Section 258

Section 258 governs the Grant of Effects Unadministered (Administration De Bonis Non) where an executor or administrator dies leaving part of the estate unadministered.

  • Administration De Bonis Non: If an executor to whom probate has been granted, or an administrator to whom letters of administration have been granted, dies leaving part of the property unadministered, a new representative may be appointed.
  • Grant Limited to Unadministered Assets: The new grant (administration de bonis non administratis) is strictly limited to the portion of the estate that remains unadministered.
  • Continuity of Past Lawful Acts: All lawful sales, discharges, and disbursements completed by the deceased executor remain valid and cannot be reopened by the new administrator.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 258 codifies the common-law doctrine of administration de bonis non, ensuring that uncompleted estate administrations can be lawfully finished by successor representatives.
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: Affirmed that successor administrators under Section 258 step into legal title solely in respect of surviving unadministered assets.
Courtroom Practice & Strategic Litigation Guidance:

When a sole executor dies leaving estate bank accounts undisbursed, do not apply for probate of the deceased executor's will; apply under Section 258 for 'letters of administration of effects unadministered (de bonis non)' in respect of the original testator's estate.

Section 257 All 391 Sections of Indian Succession Act Section 259