Section 252 of The Indian Succession Act, 1925
Administration limited to purpose of becoming party to suit to be brought against administrator.
If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from the State within which the Court which has granted the probate or letters of administration exercises jurisdiction, the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect.
Summary
- Section 252 of The Indian Succession Act, 1925 allows a court to appoint a special administrator when someone needs to file a new lawsuit against the estate's current representative.
- This rule applies only if twelve months have passed since the original probate or letters of administration were granted.
- It is triggered when the original executor or administrator is absent from the State where the court that granted their authority operates.
- The court can grant limited administration to any person it thinks fit, specifically so they can be made a party to the new lawsuit.
- The appointed person will handle the defence of the suit and help carry out any final judgment made by the court.
Practical examples
FAQ
1. What is the main requirement to use Section 252 of The Indian Succession Act, 1925?
To use Section 252 of The Indian Succession Act, 1925, twelve months must have expired since the original probate or administration was granted, and the current executor must be absent from the State.
2. Why would someone need an administrator appointed under Section 252 of the succession act?
If you need to bring a lawsuit against an estate, but the current executor has left the State for over a year, Section 252 of The Indian Succession Act, 1925 allows the court to appoint a new, limited administrator specifically to act as the defendant in your lawsuit.
3. Can the court appoint anyone under Section 252 of The Indian Succession Act, 1925?
Yes, Section 252 of The Indian Succession Act, 1925 gives the court the flexibility to grant these limited letters of administration to any person whom it may think fit.
Test yourself
1.How does the situation in Section 252 of The Indian Succession Act, 1925 differ from the situation in Section 251 of the same Act?
2.Under Section 252 of The Indian Succession Act, 1925, what time period must expire before this limited administration can be granted?
3.Under Section 252 of The Indian Succession Act, 1925, who may the court appoint as the limited administrator?
4.What is the specific purpose of the grant under Section 252 of The Indian Succession Act, 1925?