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Section 315: Powers of married executrix or administratrix

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 314 All 391 Sections of Indian Succession Act Section 316

Legal Commentary & Landmark Judgments: Section 315

Section 315 confirms the full legal powers of a Married Executrix or Administratrix, establishing complete operational independence without requiring her husband's consent.

  • Complete Female Autonomy: A married woman who is an executrix or administratrix has all the powers of an executor or administrator as if she were unmarried.
  • No Spousal Concurrence Required: She may sue and be sued, give receipts, sell assets, and execute deeds in her own name without the concurrence or signature of her husband.
  • Statutory Equality: Reinforces the abolition of coverture, ensuring gender equality in succession administration.
Key Landmark Precedents:
  • Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370: The Supreme Court's cardinal affirmation of married women's independent proprietary rights applies to Section 315, confirming their unrestricted fiduciary capacity.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Recognized that Section 315 ensures modern gender-neutral administration of estates across India.
Courtroom Practice & Strategic Litigation Guidance:

Registrars and banks cannot demand the signature or NOC of a married executrix's husband; under Section 315, she exercises 100% of the powers of an executor solely and independently.

Section 314 All 391 Sections of Indian Succession Act Section 316