Section 303: Executor of his own wrong

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 303

Section 303 defines an Executor of his own wrong (Executor de son tort), establishing that an unauthorized person who intermeddles with the estate is subject to personal liabilities.

  • Intermeddling with Estate: A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, without lawful authority, is an executor of his own wrong.
  • Exceptions for Humanity and Decency: Intermeddling for the purpose of locking up goods for safety, providing a decent funeral, or providing immediate medical sustenance for family does not make one an executor de son tort.
  • Personal Accountability: Bridges the gap between trespass and formal executorship by holding unauthorized meddlers accountable to creditors and lawful heirs.
Key Landmark Precedents:
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: The Supreme Court affirmed that unauthorized intermeddlers who deal with deceased estates become executors de son tort under Section 303, liable to account for every rupee realized.
  • In re goods of Bholanath AIR 1931 Cal 580: Held that Section 303 prevents usurpers from looting family estates under the guise of informal family settlement.
Courtroom Practice & Strategic Litigation Guidance:

If an estranged relative took possession of the deceased's commercial godown and collected rents without probate, sue him under Section 303 as an 'executor de son tort'; he is personal liable to render accounts and pay damages up to the full value of the intermeddled assets.