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Section 302: Directions to executor or administrator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 301 All 391 Sections of Indian Succession Act Section 303

Legal Commentary & Landmark Judgments: Section 302

Section 302 empowers the High Court to give binding Directions to an executor or administrator on any question respecting the administration of the estate.

  • Summary Directional Jurisdiction: The High Court may, on application, give directions to the executor or administrator in regard to the estate or in regard to the administration thereof.
  • Resolution of Administrative Deadlocks: Used to decide questions regarding asset sales, tax clearances, debt settlements, and priority disputes without requiring a full administration suit.
  • Binding and Protective Effect: An executor acting in accordance with Section 302 directions is statutorily protected against personal breach of trust claims by beneficiaries.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court held that Section 302 provides a summary originating summons procedure for executors to seek judicial guidance on thorny administration issues, without deciding disputed title.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Affirmed that Section 302 directions guide lawful fiduciary conduct during estate liquidation.
Courtroom Practice & Strategic Litigation Guidance:

If an executor is uncertain whether to sell a commercial property during market volatility or whether to settle a contentious creditor debt, file an application under Section 302 before the High Court; following court directions provides total immunity against future surcharge claims.

Section 301 All 391 Sections of Indian Succession Act Section 303