Chapter II
OF LIMITED GRANTS
Grants limited in duration
Probate of copy or draft of lost will
237. When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.
Probate of contents of lost or destroyed will
238. When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.
Probate of copy where original exists
239. When the will is in the possession of a person residing out of [Bangladesh], who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced.
Administration until will produced
240. Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced.
Grants for the use and benefit of others having right
Administration, with will annexed, to attorney of absent executor
241. When any executor is absent from [Bangladesh and there is no executor in Bangladesh] willing to act, letters of adminis-tration, 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.
Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
242. When any person to whom, if present, letters of administration, with the will annexed, might be granted, is absent from [Bangladesh], letters of administration, with the will annexed, may be granted to his attorney or agent, limited as mentioned in section 241.
Administration to attorney of absent person entitled to administer in case of intestacy
243. When a person entitled to administration in case of intestacy is absent from [Bangladesh], 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.
Administration during minority of sole executor or residuary legatee
244. 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 such 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.
Administration during minority of several executors or residuary legatees
245. 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.
Administration for use and benefit of lunatic or minor
246. 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 rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, 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, to 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.
Administration pendente lite
247. 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, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.
Grants for special purposes
Probate limited to purpose specified in will
248. If an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and 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.
Administration, with will annexed, limited to particular purpose
249. If an executor is 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.
Administration limited to property in which person has beneficial interest
250. 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 at as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf.
Administration limited to suit
251. 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, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in 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.
Administration limited to purpose of becoming party to suit to be brought against administrator
252. If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from [Bangladesh], 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.
Administration limited to collection and preservation of deceased's property
253. 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 such 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.
Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
254. (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 of such person, resident out of [Bangladesh], and it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be administrator.
(2) In every such case letters of administration may be limited or not as the Court thinks fit.
Grants with exception
Probate or administration, with will annexed, subject to exception
255. 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.
Administration with exception
256. Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception.
Grants of the rest
Probate or administration of rest
257. 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.
Grant of effects unadministered
Grant of effects unadministered
258. 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.
Rules as to grants of effects unadministered
259. 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.
Administration when limited grant expired and still some part of estate unadministered
260. 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.
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Ministry of Law, Justice and Parliamentary Affairs