Sections 217-218 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 217 and 218 of the Indian Succession Act, 1925 open Part IX, which deals with probate, letters of administration and the administration of the assets of the deceased. Section 217 says how far Part IX governs. Section 218 says who may be granted administration where the person who died intestate belonged to one of the classes it names. This article explains both as per the text of the Act consulted.
Under s.217, save as otherwise provided by the Act or by any other law for the time being in force, all grants of probate and of letters of administration with the will annexed, and the administration of assets in cases of intestate succession, are to be made or carried out under Part IX. Under s.218, where the intestate was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration may be granted to any person who, according to the rules for distribution of the estate applicable to the deceased, would be entitled to the whole or any part of the estate; if several apply the Court has discretion; if none applies, it may be granted to a creditor.
Section 217: how far Part IX governs
If you are not sure which of these sections fits a particular family, a legal consultation can help you place the deceased in the right class before you plan an application.
Section 217 is a short "application" section. It says that, save as otherwise provided by this Act or by any other law for the time being in force:
- all grants of probate and letters of administration with the will annexed; and
- the administration of the assets of the deceased in cases of intestate succession
are to be made or carried out in accordance with the provisions of Part IX.
Two things follow from the words. First, Part IX is the general procedure. Second, it gives way to other provisions of the Act or other law for the time being in force. The text does not name the other laws. Where a separate law governs a family's succession, that law has to be checked on its own terms; for an introduction to one such law see our article on intestate succession under the Hindu Succession Act.
The text consulted prints the rest of Part IX's rules for particular classes elsewhere in the Part (for example, in the sections on practice, ss.264 onwards). Those are covered in our later articles.
Section 218: whom the Court may grant administration to
The persons covered
Section 218(1) applies if the deceased died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. "Exempted person" comes from s.3, where the State Government may by notification exempt members of a race, sect or tribe from specified sections; see our article on ss.1 and 3. The meaning of dying intestate is in ss.29-30.
Sub-section (1): the entitled persons
Administration of the estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of the estate.
Notice the words "applicable in the case of such deceased". The sub-section does not set out the rules for distribution; it points to whichever rules apply to this deceased. What those rules are is a separate question.
Sub-section (2): several applicants
When several such persons apply, it is in the discretion of the Court to grant administration to any one or more of them.
Sub-section (3): creditor
When no such person applies, administration may be granted to a creditor of the deceased.
The two sections together
| Section | Subject | Rule in the text |
|---|---|---|
| 217 | Application of Part IX | Grants of probate and letters of administration with the will annexed, and administration of assets on intestacy, follow Part IX, save as the Act or any other law for the time being in force provides otherwise |
| 218(1) | Who may be granted administration | Any person who under the rules for distribution applicable to the deceased would be entitled to the whole or any part of the estate |
| 218(2) | Several applicants | Court's discretion to grant to any one or more |
| 218(3) | No applicant of that kind | May be granted to a creditor |
The next section, s.219, handles the case where the deceased was not of the classes named in s.218; we cover it in our article on ss.219-221.
A fresh example
Gopal, a Hindu, dies intestate. His two sons and his widow each apply to the Court for letters of administration. Under s.218(1), administration may be granted to any person who would be entitled, under the rules for distribution applicable to Gopal, to the whole or any part of his estate. Under s.218(2), when several such persons apply, it is in the discretion of the Court to grant administration to any one or more of them. If none of the family applies and a creditor of Gopal does, s.218(3) allows administration to be granted to the creditor. The example applies only the printed rule; the rules for distribution that apply to Gopal's estate are a separate matter to be checked under the law that applies.
Points to check
- Class of the deceased. Section 218 speaks of Hindu, Muhammadan, Buddhist, Sikh or Jaina, or an exempted person. Another section deals with others.
- Intestacy. The section applies "if the deceased has died intestate".
- Which distribution rules apply? The sub-section points to them without setting them out.
- Creditor. Only when no such person applies.
- Other law. Section 217 gives way to other provisions "for the time being in force".
For property held in a Hindu undivided family, the question of what passes by survivorship arises under s.211(2); see ss.211-212. For the family-side background, see our guide on HUF registration in India.
Need help applying for letters of administration?
Choosing who should apply, and showing the Court that the applicant is entitled under the rules that apply to the deceased, starts with the family facts. Our team can sort the papers with you and explain the steps. Book a legal consultation and bring the death certificate, the family details and a list of the assets and debts.
Key takeaways
- Section 217: Part IX governs grants of probate and of letters of administration with the will annexed and the administration of assets on intestacy, save as the Act or any other law for the time being in force provides.
- Section 218(1): for a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person who died intestate, administration may go to any person entitled to the whole or any part of the estate under the rules for distribution applicable.
- Section 218(2): where several apply, the Court has discretion.
- Section 218(3): if no such person applies, administration may be granted to a creditor.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 219-221: who is entitled to letters of administration, and their effect
- Sections 215-216: probate supersedes a succession certificate, and only the grantee may sue
- Sections 232-236A: letters of administration with the will annexed
- Intestate succession under the Hindu Succession Act
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.