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Section 308: General powers of administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 307 All 391 Sections of Indian Succession Act Section 309

Legal Commentary & Landmark Judgments: Section 308

Section 308 sets forth the General Powers of an Executor or Administrator to dispose of property and manage the estate.

  • Broad Managerial Powers: An executor or administrator has power to dispose of the property of the deceased, either wholly or in part, in such manner as he may think fit.
  • Statutory Constraints on Administrators: An administrator cannot mortgage, charge, or sell immovable property without the prior permission of the court under Section 307(2).
  • Executors Bound by Will Terms: An executor's power of disposal is subject to any express restrictions or prohibitions imposed by the testator in the will.
Key Landmark Precedents:
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: The Supreme Court emphasized that the executor's power of disposal under Section 308 is fiduciary and must be exercised transparently to advance the intentions of the testator and benefit the estate.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that executors derive representative power directly from the will and statute under Section 308.
Courtroom Practice & Strategic Litigation Guidance:

When purchasing real estate from an executor, verify the will: if the will contains no restriction on sale, the executor can convey full title under Section 308 without court leave; if buying from an administrator, prior court sanction under Section 307 is mandatory.

Section 307 All 391 Sections of Indian Succession Act Section 309