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Section 259: Rules as to grants of effects unadministered

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 258 All 391 Sections of Indian Succession Act Section 260

Legal Commentary & Landmark Judgments: Section 259

Section 259 establishes that the statutory rules of priority for original grants apply equally to grants of Effects Unadministered under Section 258.

  • Statutory Rules of Priority Apply: In granting administration of effects unadministered under Section 258, the court follows the same rules as to priority and entitlement as apply to original grants.
  • Residuary Legatees First: Residuary legatees and their representatives take precedence over specific legatees and creditors under Section 232.
  • Next-of-Kin Priority in Intestacy: In intestacy, the surviving spouse and closest statutory heirs maintain priority over distant relatives under Section 219.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that Section 259 ensures that the priority rights of beneficiaries are preserved without dilution in successor administration proceedings.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Held that the statutory waterfall of administrative entitlement applies consistently to all secondary grants.
Courtroom Practice & Strategic Litigation Guidance:

In petitioning under Section 258 r/w Section 259, establish the applicant's priority status under Section 232 or Section 219, filing death certificates of all intervening prior administrators to prove standing.

Section 258 All 391 Sections of Indian Succession Act Section 260