Sections 241-247 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.
Sometimes the person who should administer an estate is away, too young, or unfit, or the estate is stuck in a suit about the will. Sections 241 to 247 of the Indian Succession Act, 1925 provide limited grants "for the use and benefit of others having right". This article explains the seven sections, as per the text of the Act consulted.
Under ss.241 to 243, letters may go to the attorney or agent of an absent executor or absent person entitled to administer, limited until the principal obtains his own grant. Under ss.244 to 246, letters go to a legal guardian or other person during the minority of a sole executor or residuary legatee, or for the use and benefit of a minor or lunatic. Under s.247, pending a suit about the will or a grant, the Court may appoint an administrator with all the powers of a general administrator except distributing the estate, under the Court's immediate control.
Where these sections sit
They fall under the sub-heading "Grants for the use and benefit of others having right" in Chapter II. The earlier sections of the Chapter, on lost wills, are in ss.237-240. The sections here are about who acts when the rightful person cannot. If you are in that position, a legal consultation can help you decide which section fits.
Section 241: attorney of an absent executor
When any executor is absent from the State in which the application is made, and there is no executor within the State willing to act, letters of administration with the will annexed may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself.
For a general guide to powers of attorney, see our article on power of attorney: general and special, revocable and irrevocable. The Act's own sections, not that guide, govern the grant.
Section 242: attorney of an absent person who would be entitled
When any person to whom, if present, letters of administration with the will annexed might be granted, is absent from the State, letters with the will annexed may be granted to his attorney or agent, limited as mentioned in section 241.
Section 243: attorney of an absent person entitled on intestacy
When a person entitled to administration in case of intestacy is absent from the State, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241.
Section 244: minority of a sole executor or residuary legatee
When a minor is sole executor or sole residuary legatee, letters of administration with the will annexed may be granted to the legal guardian of the minor, or to such other person as the Court may think fit, until the minor has attained his majority, at which period, and not before, probate of the will shall be granted to him.
The words "and not before" are clear: during minority, probate cannot be granted to him. The meaning of minor and minority is in s.2(e), which refers to the Indian Majority Act, 1875 as printed; the reader should check the current law for the corresponding provision.
Section 245: several minors
When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority.
Section 246: use and benefit of a minor or lunatic
If a sole executor, or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rules for distribution applicable to the deceased, is a minor or lunatic (the Act's word), letters of administration, with or without the will annexed, as the case may be, shall be granted to:
- the person to whom the care of his estate has been committed by competent authority; or
- if there is no such person, such other person as the Court may think fit to appoint,
for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.
Note the word "shall" here, against the word "may" in ss.241 to 245. The text consulted does not say what competent authority means; the reader should look to the law that applies.
Section 247: administration pendente lite
"Pendente lite" means while a suit is pending. Pending any suit touching the validity of the will of a deceased person, or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person. That administrator:
- shall have all the rights and powers of a general administrator, other than the right of distributing the estate;
- is subject to the immediate control of the Court; and
- shall act under its direction.
So the estate keeps running while the dispute proceeds, but distribution is held back.
The seven sections at a glance
| Section | Situation | Who gets the grant | Limit |
|---|---|---|---|
| 241 | Executor absent from the State; no executor in the State willing to act | Attorney or agent of the absent executor, with will annexed | Until he obtains probate or letters granted to himself |
| 242 | Person who would be entitled to letters with the will annexed is absent | His attorney or agent | As in s.241 |
| 243 | Person entitled on intestacy is absent; no equal person willing | His attorney or agent | As in s.241 |
| 244 | Sole executor or sole residuary legatee is a minor | Legal guardian or other person the Court thinks fit, with will annexed | Until the minor attains majority; probate to him then and not before |
| 245 | Two or more minor executors or residuary legatees, none of age | Grant limited | Until one of them attains majority |
| 246 | Sole executor, legatee or intestate heir is a minor or lunatic | Person with care of his estate by competent authority, else another person the Court appoints | Until majority or sound mind |
| 247 | Suit on validity of will or on obtaining or revoking a grant | Administrator appointed by the Court | Powers of a general administrator except distribution; under the Court's control |
A fresh example
Suresh is named sole executor in his father's will but lives abroad and has not applied. No executor within the State is willing to act. Under s.241, letters of administration with the will annexed may be granted to his attorney, for his use and benefit, limited until he obtains probate or letters himself. In another family, the sole residuary legatee, Pari, is eleven years old. Under s.244, letters with the will annexed may be granted to her legal guardian or another person the Court thinks fit, until she attains majority, and probate may be granted to her at that period and not before. And if relatives sue over whether the will is valid, s.247 lets the Court appoint an administrator to keep the estate running, but not to distribute it.
Points to check
- Who is absent, and from where? Sections 241 to 243 speak of absence from the State in which the application is made.
- Is anyone else willing to act? Sections 241 and 243 depend on it.
- Is the person a minor? Sections 244 to 246. Probate waits until majority.
- Is there a suit? Section 247 applies pending any suit about the validity of the will or about a grant.
- No distribution. Under s.247, the administrator cannot distribute.
For revocation of grants, which can be the subject of the suit in s.247, see ss.261-263. Executors' later duties are in executor duties under a will.
Need help when the executor is absent, a minor or in a dispute?
The right limited grant depends on who is missing, who is willing, and whether a suit is on. Our team can look at the will, the family and any pending case, and explain which section fits. Start with a legal consultation and bring the will, details of the absent or minor person and any case papers.
Key takeaways
- Sections 241 to 243: letters to the attorney or agent of an absent executor or absent person entitled, limited until the principal obtains his own grant.
- Section 244: during the minority of a sole executor or sole residuary legatee, letters to the legal guardian or another person; probate to the minor at majority and not before.
- Section 245: with several minors, the grant is limited until one attains majority.
- Section 246: a person committed to care of the estate, or another the Court appoints, administers for a minor or lunatic until majority or sound mind.
- Section 247: pending a suit on the will or a grant, a Court-appointed administrator has a general administrator's powers except distribution.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 248-254: grants limited to a purpose, a property or a suit
- Sections 237-240: probate of a lost will, copy or draft
- Sections 261-263: rectification of errors and revocation of probate for just cause
- Power of attorney: general and special, revocable and irrevocable
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.