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Section 301: Removal of executor or administrator and provision for successor

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 300 All 391 Sections of Indian Succession Act Section 302

Legal Commentary & Landmark Judgments: Section 301

Section 301 empowers the High Court to suspend, remove, or discharge any private executor or administrator and appoint another person in his place.

  • High Court Power of Removal: The High Court may, on application, suspend, remove, or discharge any private executor or administrator on grounds of gross misconduct, waste, or conflict of interest.
  • Appointment of Successor Representative: Empowered to appoint any other person, or the Administrator-General, to act in the place of the removed executor or administrator.
  • Vesting of Estate: Upon the order of appointment, all property belonging to the estate vests automatically in the successor representative.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 301 confers extraordinary supervisory jurisdiction on the High Court to excise fraudulent or corrupt executors and preserve the estate for beneficiaries.
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: Affirmed that fiduciary breaches by executors justify summary removal and replacement under Section 301.
Courtroom Practice & Strategic Litigation Guidance:

When an executor with an absolute grant is actively embezzling estate funds or refusing to disburse legacies for years, do not file a fresh suit; file a petition under Section 301 before the High Court for his immediate removal and appointment of the Administrator-General.

Section 300 All 391 Sections of Indian Succession Act Section 302