Section 292: Assignment of administration-bond

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 292

Section 292 empowers the court to assign the Administration Bond to an aggrieved person where the administrator has breached conditions or committed waste.

  • Assignment on Proof of Breach: The court may, on application and on being satisfied that the condition of the administration bond has been broken, order the bond to be assigned to a designated person.
  • Right to Sue in Own Name: The assignee is entitled to sue on the bond in his own name as if the bond had been originally given to him, and to recover the full penalty amount.
  • Trust for Beneficiaries: The money recovered is held by the assignee on trust for all persons interested in the estate.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court recognized that Section 292 equips defrauded heirs and creditors with a direct enforcement remedy to recover damages from the administrator and his sureties.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that assigning the administration bond under Section 292 transfers the statutory security directly to aggrieved victims of estate waste.
Courtroom Practice & Strategic Litigation Guidance:

Where an administrator absconds with estate funds or fails to account, counsel for the beneficiaries should apply under Section 292 for assignment of the administration bond; once assigned, execute directly against the immovable properties pledged by the sureties.