https://www.taxtmi.com/caselaws?id=313725 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. en-us Thu, 18 Jan 2001 00:00:00 +0530 Tue, 30 Apr 2024 18:16:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313725 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. Case-Laws Indian Laws Thu, 18 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313725