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Section 311: Powers of several executors or administrators exercisable by one

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 310 All 391 Sections of Indian Succession Act Section 312

Legal Commentary & Landmark Judgments: Section 311

Section 311 establishes that the powers of several executors or administrators may, in the absence of any contrary direction, be exercised by any one of them who has proved the will or taken out administration.

  • Joint and Several Administrative Authority: The powers of several executors or administrators may be exercised by any one of them who has proved the will or taken out administration.
  • Valid Unilateral Actions: One proving executor can sell movables, compromise debts, receive payments, and give valid legal discharges binding the entire estate.
  • Restricted by Express Will Covenants: The rule yields if the will expressly mandates that certain powers (such as selling real estate) must be exercised jointly by all executors.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that under Section 311, joint executors possess several authority to give discharges and manage assets, ensuring administrative efficiency in business operations.
  • In re goods of Bholanath AIR 1931 Cal 580: Affirmed that receipt of debt or discharge granted by one proving executor under Section 311 completely protects the debtor.
Courtroom Practice & Strategic Litigation Guidance:

A bank or debtor holding funds of the estate can safely disburse payments to one of multiple proving executors under Section 311; so long as the will contains no joint-signature clause, the signature of one proving executor provides full legal discharge.

Section 310 All 391 Sections of Indian Succession Act Section 312