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Section 314: Powers of administrator during minority

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 313 All 391 Sections of Indian Succession Act Section 315

Legal Commentary & Landmark Judgments: Section 314

Section 314 defines the powers of an Administrator During Minority (durante minore aetate), conferring general administrative authority subject to court supervision.

  • General Powers with Minority Limits: An administrator during minority has all the powers of an ordinary administrator, other than the power of distributing the residue of the estate.
  • Protection of Minor Corpus: Prohibited from selling or mortgaging immovable property without prior leave of the court under Section 307(2).
  • Accountability on Majority: Must hand over full accounts, cash balances, and property to the minor immediately upon his attaining majority.
Key Landmark Precedents:
  • Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228: The Supreme Court affirmed that custodial administrators under Section 314 act under strict fiduciary standards to preserve the child's inheritance intact.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Held that the powers of a minority administrator under Section 314 are conservation-focused and exclude final asset distribution.
Courtroom Practice & Strategic Litigation Guidance:

An administrator durante minore aetate cannot distribute estate residue to himself or relatives; under Section 314, his powers are strictly confined to preserving assets, paying debts, and maintaining the minor until age 18.

Section 313 All 391 Sections of Indian Succession Act Section 315