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Section 260: Administration when limited grant expired and still some part of estate unadministered

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 259 All 391 Sections of Indian Succession Act Section 261

Legal Commentary & Landmark Judgments: Section 260

Section 260 regulates Administration where a limited grant has expired and some part of the estate remains unadministered.

  • Expiration of Limited Term: Applies where a grant made for a limited time (e.g. durante minore aetate under Section 244 or pendente lite under Section 247) has expired by efflux of time or occurrence of the event.
  • Subsequent General Grant: The person who is entitled to general representation (e.g. the minor who attained majority or the successful propounder of the will) takes out a general grant.
  • Immediate Handover of Assets: The limited representative must render accounts and deliver all unadministered property to the new general representative.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court noted that Section 260 ensures the smooth transition of estate custody from temporary court-appointed officers to the rightful absolute beneficiaries.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Affirmed that upon cessation of limited grants, general administration takes effect by operation of law under Section 260.
Courtroom Practice & Strategic Litigation Guidance:

Upon winning a contentious probate suit where an administrator pendente lite was acting, counsel should immediately file an application under Section 260 for grant of regular probate and an order directing the pendente lite administrator to hand over all books and bank funds.

Section 259 All 391 Sections of Indian Succession Act Section 261