
The phrase “De Bonis Non Administratis” commonly abbreviated as **“De Bonis Non”** is a Latin phrase which means “of goods not administered”. It is used in context of estate and succession laws to describe the portion of a Deceased person’s estate that remains unadministered due to the death, removal, resignation or incapacity of the original Executor or Administrator.
Section 258 of the Indian Succession Act, 1925, deals with this concept and it enables the court to appoint new administrator for the remaining estate by issuing grant of De Bonis Non. This provision ensures that the administration of the estate does not remain incomplete and allows a fresh representative to carry out the remaining legal and financial duties.
A grant de bonis non is made to a person who would be entitled to an original grant in respect of the estate of the deceased. In the case of a Will, where the sole surviving proving executor has died without fully administering the estate, the person entitled to grant de bonis non with the Will annexed is the **residuary legatee**.
If an executor or administrator dies without having fully administered the estate, the duty of carrying the administration of the estate will not devolve upon the deceased’s executor’s executor or administrator, but a new representative must be appointed under this section.
