Administrator
Also called: Administrator of an estate, Grantee of letters of administration
A person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
Explained
Section 2(a) of the Indian Succession Act, 1925 defines an administrator as a person appointed by competent authority to administer the estate of a deceased person when there is no executor. The contrast is with an executor, defined in Section 2(c) as the person to whom the execution of a will is confided by the testator's appointment. An executor derives his office from the will and proves it by probate, which under Section 222 is granted only to an executor appointed by the will. An administrator derives his office entirely from the grant of letters of administration by the court.
Letters of administration are granted where the deceased died intestate, or where there is a will but no executor able and willing to act, in which case administration with the will annexed may be granted. For an intestate Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person, Section 218 allows administration to any person who would be entitled to the whole or part of the estate under the applicable rules of distribution. Section 236 bars a grant to a minor or a person of unsound mind.
Once appointed, the administrator is the legal representative of the deceased for all purposes and the property of the deceased vests in him as such (Section 211(1)), though in the case of a Hindu, Muslim, Buddhist, Sikh, Jaina, Parsi or exempted person, property passing by survivorship does not vest (Section 211(2)). Under Section 220, letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if granted at the moment after his death. He must collect the estate, pay debts and distribute the residue.
The word also has other statutory meanings. Under Article 239 of the Constitution every Union territory is administered by the President acting through an administrator appointed by him, and a Governor appointed as administrator of an adjoining Union territory acts independently of his Council of Ministers. Section 3(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 uses it for the officer in charge of rehabilitation and resettlement. Examiners test the executor and administrator distinction and the relation back rule in Section 220.
What the law says
(a) “administrator” means a person appointed by competent authority to administer the estate of a deceased person when there is no executor;
Defines administrator, executor and probate
(1) The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in- him as such.
(2) When the deceased was a Hindu, Muhammadan, Budhist, Sikh, [Jaina or Parsi] or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person which would otherwise have passed by survivorship to some other person.
Property of the deceased vests in the executor or administrator
(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.
To whom administration may be granted for intestate Hindus and others
Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.
Effect of letters of administration
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 behalf].
Persons to whom administration cannot be granted
[(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.]
3*[239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.— (1) Parliament may by law create [for the Union territory of [Puducherry]]—
Administrator of a Union territory
Example
For example, D dies intestate leaving a widow and two sons. On the widow's petition the court grants her letters of administration; she becomes the administrator of D's estate and may sue to recover debts due to it.
For the exam
- Administrator: appointed by competent authority when there is no executor (Section 2(a) ISA).
- Executor is appointed by the will and gets probate; administrator gets letters of administration.
- Estate vests in the administrator as legal representative (Section 211).
- Letters of administration relate back to the moment after death (Section 220).
- Union territory administrator is appointed by the President under Article 239.
118 questions in the Law Maker question bank use this term. Practise Family Law questions
Related terms
- ExecutorA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- ProbateThe copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (Section 2(f) of the Indian Succession Act, 1925).
- WillThe legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
- Legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
- Union territoryAny Union territory specified in the First Schedule to the Constitution, including any other territory within India not specified in that Schedule. Article 366(30) of the Constitution.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.