Home  /  Indian Succession Act  /  Section 298

Section 298: Power to refuse letters of administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 297 All 391 Sections of Indian Succession Act Section 299

Legal Commentary & Landmark Judgments: Section 298

Section 298 empowers the District Judge or District Delegate to refuse letters of administration on established statutory grounds of unfitness or competing claims.

  • Judicial Power to Refuse: The court may in its discretion refuse to grant letters of administration to any person if it considers that the grant would be detrimental to the estate or heirs.
  • Grounds of Adverse Interest: Applies where the applicant has an interest adverse to the estate, has committed fraud, or is a chronic debtor of the estate.
  • Right of Appeal: An order refusing letters of administration under Section 298 is appealable to the High Court under Section 299.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 298 confers discretionary supervisory authority on the court to filter out unfit or hostile applicants seeking to capture estate administration.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that judicial refusal under Section 298 protects vulnerable beneficiaries from predatory applicants.
Courtroom Practice & Strategic Litigation Guidance:

To block an antagonistic sibling from obtaining letters of administration, counsel should place documentary evidence of past property theft, litigation, or hostility on record; the District Judge can refuse the grant under Section 298.

Section 297 All 391 Sections of Indian Succession Act Section 299