Administrator pendente lite and estate development can proceed under court control without amounting to prohibited distribution.

Section 247 of the Indian Succession Act gives the court a discretionary power to appoint an administrator pendente lite in contentious probate proceedings, but the discretion must be exercised judicially to preserve and manage the estate. The text explains that where the wills themselves contemplated development of the property and named the applicant to carry it out, development need not be delayed merely because probate is contested. The statutory bar is against distribution of the estate, not development under court control; a sale or allotment made only to facilitate development is not distribution unless it changes the rights reserved in the wills. It also notes that the estate can be protected by keeping specified flats in the administrator's custody.

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Issues: Whether an administrator pendente lite could be appointed under Section 247 of the Indian Succession Act in a contentious probate proceeding, and whether proposed development of the property would amount to prohibited distribution of the estate.

Analysis: Section 247 confers a discretionary power on the Court to appoint an administrator pendente lite, but the discretion must be exercised judicially having regard to the preservation, management, and development of the estate. Where the wills themselves contemplated development of the property and the applicant had been named to carry it out, development could not be postponed merely because the probate was contentious. The restriction in Section 247 is against distribution of the estate, not against development undertaken under the control of the Court. A sale or allotment made only to facilitate development would not amount to distribution unless it altered the rights reserved in the wills. Since the rights of the parties, including the entitlement to the two flats, were already defined in the wills and the estate could be protected by keeping those flats in custody of the administrator, the statutory bar was not attracted.

Conclusion: The applicant was held suitable for appointment as administrator pendente lite, and the application was allowed with directions protecting the specified flats from distribution pending further orders.

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