Section 291: Administration-bond

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 291

Section 291 mandates that every person to whom letters of administration are committed must execute an Administration Bond with sureties for the faithful administration of the estate.

  • Mandatory Administration Bond: Every person to whom any grant of letters of administration is committed shall give a bond to the District Judge with one or more sureties.
  • Statutory Penalty and Conditions: The bond binds the administrator to collect the assets, pay debts and legacies, file an inventory within six months, and file audited accounts within one year.
  • Exemption for Certain Bodies: Exemptions apply to the Administrator-General and designated recognized banking corporations under state rules.
  • High Court Exemption Powers: The High Court may dispense with sureties in cases of undisputed estates or grants to surviving spouses.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court highlighted that the administration bond under Section 291 is a vital statutory security protecting creditors and absent heirs against administrator default or fraud.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that furnishing an administration bond is a mandatory statutory condition precedent to the delivery of letters of administration.
Courtroom Practice & Strategic Litigation Guidance:

In uncontested petitions where the applicant is the sole surviving heir (e.g. sole son or surviving widow), counsel should file an application under Section 291(2) praying for dispensation of sureties, offering a personal bond to avoid the burden of arranging third-party property sureties.