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Section 310: Purchase by executor or administrator of deceased's property

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 309 All 391 Sections of Indian Succession Act Section 311

Legal Commentary & Landmark Judgments: Section 310

Section 310 prohibits an executor or administrator from Purchasing any part of the deceased's property, voiding any self-dealing transaction.

  • Strict Bar on Self-Dealing: If an executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property.
  • Conflict of Interest Disqualification: Prevents personal representatives from using their fiduciary inside knowledge to acquire estate assets at an undervalue.
  • Restitution and Accountability: The purchasing representative must reconvey the property to the estate and account for all interim rents and profits.
Key Landmark Precedents:
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: The Supreme Court affirmed that self-dealing by fiduciaries is strictly prohibited under succession law, rendering purchases by executors voidable at the option of beneficiaries under Section 310.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Held that fiduciary integrity under Section 310 demands total neutrality in asset liquidation.
Courtroom Practice & Strategic Litigation Guidance:

If an executor buys the deceased's family home or vehicle at a private valuation (even via a nominee or relative), file an immediate suit under Section 310; the court will set aside the sale automatically without requiring proof of fraud or undervaluation.

Section 309 All 391 Sections of Indian Succession Act Section 311