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Section 305: In respect of causes of action surviving deceased and debts due at death

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 304 All 391 Sections of Indian Succession Act Section 306

Legal Commentary & Landmark Judgments: Section 305

Section 305 provides for the Survival of Causes of Action in favor of and against an executor or administrator in respect of all contractual and proprietary rights.

  • Causes of Action Survive: An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased, and is liable to be sued in respect of all causes of action that survive.
  • Survival of Contractual Claims: Encompasses all suits on contracts, debts, promissory notes, leases, and damages for property injury (incorporating Section 306).
  • Asset Recovery Mandate: Empowers the personal representative to enforce the testator's legal rights with the same standing the deceased possessed in life.
Key Landmark Precedents:
  • M. Veerappa v. Evelyn Sequeira (1988) 1 SCC 556: The Supreme Court examined Section 305 r/w Section 306, confirming that all economic and contractual causes of action survive the death of the deceased and can be prosecuted by the executor.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that representative capacity under Section 305 enables personal representatives to enforce commercial debts across all courts.
Courtroom Practice & Strategic Litigation Guidance:

Executors seeking to recover loans given by the deceased on promissory notes need not file fresh plaints; file an application under Order XXII Rule 3 CPC r/w Section 305 to substitute the executor in the deceased's place.

Section 304 All 391 Sections of Indian Succession Act Section 306