To whom administration may not be granted

Q: When did Section 236 of the Indian Succession Act come into force?

Section 236 of the Indian Succession Act, cited as Succession Act 236, 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 18 Oct 2026

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

Section 236 of the Indian Succession Act, 1925 deals with to whom administration may not be granted. Letters of administration cannot be granted to any person who is a minor or is of unsound mind, [nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made [by notification in the Official Gazette], by the [State Government] in this beh The Act came into force on 30 Sep 1925.

Letters of administration cannot be granted to any person who is a minor or is of unsound mind, ¹[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made ²[by notification in the Official Gazette], by the ³[State Government] in this behalf.]
Section 236, 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. 236A Laying of rules before State Legislature

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: Disqualifies minors, persons of unsound mind, and associations of individuals (except companies satisfying prescribed conditions) from obtaining Letters of Administration; parallel provision to Section 223

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Questions about Section 236

What have the courts held on Section 236 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: Disqualifies minors, persons of unsound mind, and associations of individuals (except companies satisfying prescribed conditions) from obtaining Letters of Administration; parallel provision to Section 223.

How do I find court cases under Section 236 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 236, section 236 Succession Act, section 236 of the Indian Succession Act. People searching for it also type section 236 indian succession act. 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 236 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 236 of the Indian Succession Act come into force?

Section 236 of the Indian Succession Act, cited as Succession Act 236, 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 18 Oct 2026. This page is not a substitute for legal advice.