Sections 255-260 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.
The last sections of Chapter II of Part IX of the Indian Succession Act, 1925 deal with three tidy-up situations. A grant may be made subject to an exception. Someone else may then take a grant of the rest of the estate. And when an executor dies or a limited grant expires with part of the estate still unadministered, a new representative may be appointed. This article explains sections 255 to 260, as per the text of the Act consulted.
Under ss.255 and 256, where the nature of the case requires an exception, probate, or letters of administration with or without the will annexed, shall be granted subject to that exception. Under s.257, the person entitled to the remainder may take a grant of the rest. Under s.258, if an executor dies leaving part of the estate unadministered, a new representative may be appointed for that part. Under s.259, the Court follows the same rules as original grants. Under s.260, when a limited grant has expired by time or event and part of the estate is still unadministered, letters shall be granted to those to whom original grants might have been made.
Where these sections fit
The Chapter on Limited Grants began with lost wills (ss.237-240), moved to grants for others with a right (ss.241-247) and to special purposes (ss.248-254). These last sections cover exceptions and leftovers. If an estate has been partly handled and part remains, a legal consultation can help you work out which section applies.
Section 255: grant with an exception (probate or administration with the will annexed)
Whenever the nature of the case requires that an exception be made, probate of a will, or letters of administration with the will annexed, shall be granted subject to such exception. The text does not list what the exception may be; it speaks of "the nature of the case".
Section 256: administration with an exception
Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception. This repeats the same idea for letters of administration generally, without the will annexed.
Section 257: the rest of the estate
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.
So an excepted grant does not end the matter: another person, entitled to the remainder, may take a grant of the rest. The heading speaks of "Grants of the rest".
Section 258: effects unadministered after an executor's death
If an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. This links to s.226, under which, where several executors have probate and one dies, the survivors take the entire representation; see ss.222-226.
Section 259: the rules for such grants
In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. The orders of priority in ss.219-221 and ss.232-236A therefore carry across.
Section 260: when a limited grant has expired
When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.
The word "shall" is used in s.260, whereas s.258 says "may". In s.258 the new representative is appointed for the leftover part after an executor's death. In s.260 letters follow the expiry of a limited grant, for example one limited until a will is produced under s.237.
The six sections at a glance
| Section | Situation | Rule in the text |
|---|---|---|
| 255 | Nature of the case requires an exception; probate or letters with will annexed | Granted subject to the exception |
| 256 | Same, for letters of administration | Granted subject to the exception |
| 257 | After a grant with exception | Person entitled to the remainder may take a grant of the rest |
| 258 | Executor dies leaving part unadministered | New representative may be appointed for that part |
| 259 | Letters for an estate not fully administered | Same rules as original grants; only those to whom original grants might have been made |
| 260 | Limited grant expired and part unadministered | Letters shall be granted to those to whom original grants might have been made |
A fresh example
A court grants probate of Leela's will "subject to an exception" for a plot that is in dispute, because the nature of the case requires it (s.255). Another person, entitled to the remainder of the estate, later takes a grant of the rest (s.257). Years on, the executor who held the probate dies leaving some bank balances unadministered; a new representative may be appointed to administer that part (s.258). Under s.259, in granting letters for such an estate, the Court follows the same rules as for original grants and grants them only to those to whom original grants might have been made. And if the grant had been a limited one, say limited until a will was produced, and the time or event passed with a part still unadministered, s.260 would require letters to those to whom original grants might have been made.
Points to check
- Is the grant excepted? Sections 255 and 256.
- Who is entitled to the remainder? Section 257.
- Has an executor died with work left? Section 258.
- Who can be appointed? Section 259 limits it to those who could have had original grants.
- Has a limited grant expired? Section 260.
For the duties of an executor or administrator in handling assets, see executor duties under a will. On revocation and rectification of grants, the next Chapter begins at ss.261-263.
Need help with an excepted or leftover grant?
When part of an estate was left out of a grant, or work remained after an executor's death, the next step must follow the order of entitlement in the Act. Our team can review the grant and the unadministered items, and explain the route under the printed text. Contact us for a legal consultation and bring the grant, the estate account and the death certificate of the executor if applicable.
Key takeaways
- Sections 255 and 256: where the nature of the case requires an exception, the grant is made subject to it.
- Section 257: the person entitled to the remainder may take a grant of the rest.
- Section 258: a new representative may be appointed for the unadministered part when an executor dies.
- Section 259: the Court follows the same rules as for original grants and grants letters only to those who could have had them.
- Section 260: when a limited grant expires with part of the estate unadministered, letters shall be granted to those to whom original grants might have been made.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 261-263: rectification of errors and revocation of probate for just cause
- Sections 248-254: grants limited to a purpose, a property or a suit
- Sections 222-226: probate only to an appointed executor, and several executors
- Executor duties under a will: probate, inventory and distribution
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.