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Section 312: Survival of powers on death of one of several executors or administrators

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 311 All 391 Sections of Indian Succession Act Section 313

Legal Commentary & Landmark Judgments: Section 312

Section 312 provides for the Survival of Powers on the death of one of several executors or administrators, passing full administrative authority to the survivors.

  • Devolution of Powers on Survivors: Upon the death of one of several executors or administrators, all the powers of the office have effect in the survivors or survivor.
  • Seamless Continuity: The surviving representatives continue to administer the estate, execute pending sale agreements, and defend court actions without requiring fresh letters.
  • Unbroken Fiduciary Stewardship: Prevents estate administration from abating upon the death of a co-fiduciary.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that under Section 312, the death of a joint executor does not impair the operational competency of surviving executors to complete estate distribution.
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: Held that representative title vests unimpaired in the surviving executors by operation of law under Section 312.
Courtroom Practice & Strategic Litigation Guidance:

In property conveyance deeds executed after the death of a co-executor, recite Section 312 and annex the co-executor's death certificate; the surviving executor has unassailable statutory authority to convey full title.

Section 311 All 391 Sections of Indian Succession Act Section 313