Sections 248-254 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.
Not every grant covers the whole estate or runs for all time. Sections 248 to 254 of the Indian Succession Act, 1925, under the sub-heading "Grants for special purposes", allow probate and letters of administration to be limited to a purpose specified in a will, to a particular kind of property, to a suit, to collecting and preserving the estate, or to an administrator who would not ordinarily be entitled. This article explains the seven sections, as per the text of the Act consulted.
A limited purpose in the will limits the probate (s.248); an attorney's limited authority limits the letters (s.249). Letters can be limited to property in which the dead person had no beneficial interest (s.250), to representing the deceased in a suit (s.251), to becoming a party to a suit against an executor or administrator who has been absent after twelve months (s.252), or to collection and preservation of the property (s.253). Under s.254 the Court may appoint someone other than the person ordinarily entitled, having regard to consanguinity, amount of interest, the safety of the estate and the probability of proper administration.
The idea behind special-purpose grants
A general grant makes the grantee the representative for the whole estate. These sections let the Court tailor the grant to a purpose. The earlier sections of this Chapter are in ss.237-240 and ss.241-247. If you are unsure which limited grant fits a problem with an estate, a legal consultation can help.
Section 248: probate limited to the purpose in the will
If an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose. If he should appoint an attorney or agent to take administration on his behalf, the letters of administration with the will annexed shall be limited accordingly.
Section 249: attorney with limited authority
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. So the limit in the executor's authority passes into the grant.
Section 250: property in which the person had no beneficial interest
Where a person dies leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act, letters of administration limited to such property may be granted to the beneficiary, or to some other person on his behalf.
The heading of s.250 speaks of property in which the person "has beneficial interest", while the text deals with property in which he had none; the text governs. For trustees, see our guide on the Indian Trusts Act, 1882: appointment of new trustees on death.
Section 251: limited to a suit
When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor, or person entitled to administration, is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit. The grant is limited for the purpose of representing the deceased in the said suit, or in any other cause or suit commenced in the same or any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution.
Section 252: to be made a party to a suit against an administrator
If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom it was granted is absent from the State within which the Court that granted it 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.
The twelve months is as printed. The section is aimed at the case where someone wants to sue the estate's representative but he is out of reach.
Section 253: collection and preservation
In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdiction any of the property is situate may grant to any person whom the Court may think fit letters of administration limited to the collection and preservation of the property of the deceased and to the giving of discharges for debts due to his estate, subject to the directions of the Court.
This is different from a curator under Part VII (see our articles on ss.195-198), though both aim at keeping property safe. Section 253 operates within the grant system of Part IX.
Section 254: someone other than the person ordinarily entitled
Sub-section (1)
When a person has died intestate, or leaving a will of which there is no executor willing and competent to act, or where the executor is, at the time of the death, resident out of the State, and it appears to the Court necessary or convenient to appoint some person to administer the estate or any part of it, other than the person who, in ordinary circumstances, would be entitled to a grant, the Court may, in its discretion, appoint such person as it thinks fit, having regard to:
- consanguinity;
- amount of interest;
- the safety of the estate; and
- the probability that it will be properly administered.
Sub-section (2)
In every such case, letters of administration may be limited or not as the Court thinks fit.
The seven sections at a glance
| Section | Limit | Key condition |
|---|---|---|
| 248 | Purpose specified in the will | Executor appointed for a limited purpose; attorney's letters limited accordingly |
| 249 | Particular purpose of the attorney's authority | Executor appointed generally authorises attorney only for a particular purpose |
| 250 | Particular property | Sole or surviving trustee, or no beneficial interest; no general representative able and willing |
| 251 | A suit | Representative must be a party; executor or person entitled unable or unwilling |
| 252 | Becoming a party to a suit against the administrator | Executor or administrator absent from the State at twelve months from the grant |
| 253 | Collection and preservation | Necessary for preserving the property; subject to the Court's directions |
| 254 | Person other than the one ordinarily entitled | Court's discretion having regard to the four listed matters |
A fresh example
Maya dies as the surviving trustee of a small family trust, holding a plot for her grandchildren, and leaves no general representative. Under s.250, letters of administration limited to that plot may be granted to a beneficiary, or to another person on his behalf. In another case, a creditor wishes to sue the executor of an estate, but the executor has been outside the State for a year after the grant. Under s.252, if twelve months have passed from the date of the probate and the executor is absent from the State, the Court may grant letters limited to the purpose of becoming a party to the suit. And if a warehouse of the dead person's goods is at risk of damage, s.253 allows the Court within whose jurisdiction the property lies to grant letters limited to collecting and preserving the property.
Points to check
- What is the limit? Purpose (ss.248, 249), property (s.250), suit (ss.251, 252) or preservation (s.253).
- Who is unable or unwilling? Sections 250 and 251 depend on it.
- Twelve months. Section 252 counts from the date of the grant.
- The Court's discretion. Section 254 lists four matters to consider.
- Directions. A grant under s.253 is subject to the Court's directions.
For the grants that the Chapter makes with an exception or for the unadministered part, see ss.255-260. Duties of those who administer are in executor duties under a will.
Need help choosing or contesting a limited grant?
A limited grant can be the quickest way to protect an estate or to bring a claim, but it must match the section. Our team can look at your facts and tell you which limit applies and what the Court is asked to consider. Book a legal consultation and bring the will, details of the property and any case papers.
Key takeaways
- Sections 248 and 249: limits in the will or in an attorney's authority carry into the grant.
- Section 250: letters limited to property in which the deceased had no beneficial interest, for example as a sole or surviving trustee.
- Sections 251 and 252: letters limited to representing the deceased in a suit, or to becoming a party to a suit against an absent executor or administrator after twelve months.
- Section 253: letters limited to collection and preservation, subject to the Court's directions.
- Section 254: the Court may appoint a person other than the one ordinarily entitled, having regard to four listed matters.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 255-260: grants with exception, of the rest and of unadministered effects
- Sections 241-247: administration through an attorney, during minority and pending a suit
- Sections 195-198: appointment, powers and security of a curator
- Appointment of new trustees under the Indian Trusts Act, 1882
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.