Grants of the restCentral

Section 257 of The Indian Succession Act, 1925 in hindi

Whenever a grant with exception of probate, or of letters of adminiStration with or without the will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased's estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate.

Summary

This rule provides a solution for managing the leftover property when an initial grant had an exception.
It applies to situations where either a probate or letters of administration were previously granted with an exception.
A person who is legally entitled to the remaining estate can apply to administer that leftover portion.
This ensures that no part of the deceased person's estate is left without legal management.

Practical examples

1Continuing from a previous example, after Rohan gets administration of the family home but not the pharmaceutical business, Anil's business partner applies for a separate grant. The court gives the partner a grant for the rest of the estate, which is just the business.

2A court previously granted probate for a deceased woman's wealth but excepted a foreign bank account. Later, her daughter, who is entitled to the remainder, uses this rule to get a separate grant specifically for that foreign account.

FAQ

1. What property does Section 257 of The Indian Succession Act, 1925 cover?

Section 257 of the Act covers the rest of the deceased person's estate that was left out when an earlier grant was made with an exception.

2. Who can get a grant under Section 257 of the inheritance rules?

Under Section 257 of the 1925 Act, the person who is legally entitled to the probate or administration of the remainder of the estate can take the grant.

3. Can Section 257 of the succession law apply if there is a will?

Yes, Section 257 of the Act explicitly mentions that it applies whether the original grant with an exception was a probate, or letters of administration with or without the will annexed.

Test yourself

Q1.How do Section 256 and Section 257 of The Indian Succession Act, 1925 work together in practice?

Q2.According to Section 257 of the succession law, what past event must have occurred for this provision to be used?

Q3.Under Section 257 of the 1925 Act, if a court previously granted letters of administration with a will attached but excepted a specific house, who gets the grant for the house?

Q4.What types of original documents does Section 257 of the Act say can have an exception attached to them?

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