Grants for special purposesCentral

Section 249 of The Indian Succession Act, 1925

Administration, with will annexed, limited to particular purpose.

If an executor appointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the will annexed, shall be limited accordingly.

Summary

This rule applies when a deceased person appointed an executor with full, general powers over their estate, but the executor decides to delegate only a specific task to an agent.
If this general executor authorises an attorney or agent to prove the will on their behalf, but limits the agent's authority to a particular purpose, the court will respect that limit.
The court will grant letters of administration to the agent that are strictly limited to the specific purpose the general executor requested.

Practical examples

1Anil is appointed in a will as the general executor for his father's entire estate. Anil lives far away, so he hires an agent in his father's hometown just to finalize the sale of one specific piece of farmland. Under this rule, the court gives the agent letters of administration that only allow them to sell that single piece of farmland, while Anil retains his general powers over everything else.

2A general executor authorizes a lawyer to prove the will in court solely for the purpose of participating in a pending lawsuit against the estate. The court issues the lawyer letters of administration strictly limited to dealing with that lawsuit.

FAQ

1. Under Section 249 of The Indian Succession Act, 1925, what happens if a general executor limits the power of their agent?

According to Section 249 of the Act, if a generally appointed executor gives an agent authority limited to a particular purpose, the court will issue letters of administration to the agent limited to that specific purpose.

2. Does the executor need to be limited by the will for Section 249 of the 1925 succession law to apply?

No, Section 249 of the Indian Succession Act, 1925 specifically applies to an executor appointed generally, meaning they have full power from the will but choose to limit the power they hand down to an agent.

3. What document does the agent receive under Section 249 of The Indian Succession Act, 1925?

The agent receives letters of administration, with the will annexed, limited to the particular purpose authorized by the general executor, as outlined in Section 249 of the Act.

Test yourself

1.Under Section 249 of The Indian Succession Act, 1925, who decides the limitation on the agent's power?

2.Which of the following is required for Section 249 of the 1925 succession law to apply to an agent's appointment?

3.Comparing the rules, under Section 248 of The Indian Succession Act, 1925, the executor's power is limited by the will. Under Section 249 of the same Act, what is the starting authority of the executor?

4.Under Section 249 of The Indian Succession Act, 1925, what type of document is granted to the authorized agent?

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