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Section 318: Inventory to include property in any part of India in certain cases

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 317 All 391 Sections of Indian Succession Act Section 319

Legal Commentary & Landmark Judgments: Section 318

Section 318 regulates the Inventory and Account to be exhibited by an executor or administrator, establishing statutory disclosure deadlines.

  • Mandatory Inventory Deadline: The executor or administrator must exhibit in court a full and true inventory of all property, credits, and debts of the deceased within six months from the grant.
  • Mandatory Account Deadline: Must exhibit in court an audited, true account of the estate, showing all assets collected and payments made, within one year from the grant.
  • Penal Consequences of Default: Failure to file an inventory or account within the prescribed time is punishable with contempt and constitutes ground for grant revocation under Section 263.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court affirmed that compliance with Section 318 reporting deadlines is a mandatory statutory duty, and willful default justifies revoking the grant for just cause.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Held that inventory and account filings under Section 318 maintain transparency and protect beneficiaries from executor fraud.
Courtroom Practice & Strategic Litigation Guidance:

Calendar the 6-month inventory and 1-year account deadlines immediately upon obtaining probate; filing these statutory statements on time insulates the executor against revocation petitions under Section 263(e).

Section 317 All 391 Sections of Indian Succession Act Section 319