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Section 313: Powers of administrator of effects unadministered

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 312 All 391 Sections of Indian Succession Act Section 314

Legal Commentary & Landmark Judgments: Section 313

Section 313 defines the powers of an Administrator De Bonis Non (effects unadministered), conferring on him all the powers of an original administrator.

  • Full Successor Powers: An administrator of effects unadministered has, with respect to the property left unadministered, the same powers as the original executor or administrator.
  • Power to Complete Administration: Authorized to collect remaining debts, execute uncompleted sales, pay unpaid legacies, and convey titles.
  • Bounded by Original Will: Subject to the same restrictions, trusts, and conditions as bound the original representative under the will or statute.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court recognized that Section 313 equips the de bonis non administrator with full statutory parity to finish uncompleted administration tasks.
  • Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656: Affirmed that successor administrators under Section 313 exercise full legal authority over surviving estate assets.
Courtroom Practice & Strategic Litigation Guidance:

An administrator de bonis non appointed under Section 258 can execute conveyance deeds for contracts entered into by the original deceased executor; Section 313 gives him full legal standing to sign deeds and issue receipts.

Section 312 All 391 Sections of Indian Succession Act Section 314