To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person

Q: When did Section 218 of the Indian Succession Act come into force?

Section 218 of the Indian Succession Act, cited as Succession Act 218, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 14 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 218 of the Indian Succession Act, 1925 deals with to whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person. If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his 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 wh The Act came into force on 30 Sep 1925.

(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his 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 such deceased's estate.
(2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them.
(3) When no such person applies, it may be granted to a creditor of the deceased.
Section 218, The Indian Succession Act, 1925 (Act 39 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

s. 219 Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Illachi Devi(d) by Lrs. vs Jain Socty, Protectn. Oforphans India

Supreme Court of India 26 Sep 2003 Binding (Supreme Court) 2003 Supp(4) SCR 62

Court's Decision & Legal Precedent

A society registered under the Societies Registration Act, 1860 is not a juristic person and cannot directly obtain Letters of Administration under Section 236 of the Indian Succession Act. However, a person duly authorized by the society in accordance with law may file an application for Letters of Administration, and upon grant thereof, such person shall carry out the wishes of the testator for the benefit of the society. The legislature deliberately restricted eligibility for Letters of Administration to individuals and companies (not associations of individuals) to ensure fiduciary duties are performed with integrity and efficiency, and this restriction must be given its plain and literal meaning.

On this section: Provides that administration of estate may be granted to any person who would be entitled to the whole or any part of the deceased's estate according to applicable distribution rules; grants Court discretion in granting administration

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Questions about Section 218

What have the courts held on Section 218 of the Indian Succession Act?

Illachi Devi(d) by Lrs. vs Jain Socty, Protectn. Oforphans India (26 Sep 2003) is the leading judgment on this section among those set out below: Provides that administration of estate may be granted to any person who would be entitled to the whole or any part of the deceased's estate according to applicable distribution rules; grants Court discretion in granting administration.

How do I find court cases under Section 218 of the Indian Succession Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 218, section 218 Succession Act, section 218 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 218. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Illachi Devi(d) by Lrs. vs Jain Socty, Protectn. Oforphans India (26 Sep 2003).

What should I read with Section 218 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 218 of the Indian Succession Act come into force?

Section 218 of the Indian Succession Act, cited as Succession Act 218, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.