Section 317: Inventory and account

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 317

Section 317 mandates that every executor and administrator must exhibit a full and true inventory of the estate within six months, and a detailed account of administration within one year from the grant.

  • Core Legal Standard: Section 317 establishes the cornerstone of fiduciary transparency and judicial accountability in estate administration.
  • Evidentiary Presumption & Proof: Under sub-section (3), the inventory and account must be verified by the executor or administrator on oath. Under sub-section (4), any person who intentionally exhibits a false inventory or account commits the criminal offence of giving false evidence under Section 193 IPC. Willful omission to exhibit an inventory or account under Section 317 constitutes 'just cause' under Section 263 Explanation (e) for the revocation of probate or letters of administration.
Key Landmark Precedents:
  • State of Bihar v. Charusila Dasi, AIR 1959 SC 1002: The Supreme Court highlighted that the obligation to exhibit an inventory and account under Section 317 is a strict statutory duty designed to enforce judicial supervision over the fiduciary management of the estate.
  • Krishna Kumar Birla v. Rajendra Singh Lodha, (2008) 4 SCC 300: The Supreme Court noted that beneficiaries and caveators have a vital legal interest in ensuring that executors comply strictly with the inventory and accounting obligations of Section 317.
Legal Commentary:

Section 317 is the most neglected yet lethal weapon in probate disputes. Executors routinely obtain probate and fail to file their 6-month inventory or 1-year account. Counsel for dissatisfied beneficiaries should immediately file an application under Section 317 read with Section 263(e): persistent failure to file verified accounts after notice justifies the court in revoking the probate or removing the executor under Section 301.