Section 347: Time and manner of conversion and investment

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 347

Section 347 prescribes the statutory timeline for executorial conversion and investment, establishing that conversion of property into authorized securities must be executed within one year from the testator's death.

  • Statutory Timeframe of One Year: Executors are granted twelve calendar months from the date of the testator's demise to convert assets and complete mandated investments.
  • Exemption for Reasonable Delay: If an executor fails to convert within the year due to market illiquidity, litigation, or title disputes, they are excused upon demonstrating good faith and reasonable diligence.
  • Surcharge for Negligent Inaction: An executor who unjustifiably delays conversion beyond the one-year period and suffers capital loss is personally liable to make good the deficiency with interest.
Key Landmark Precedents:
  • Grayburn v. Clarkson (1868) LR 3 Ch App 605: The Court of Appeal in Chancery held that executors who retained speculative shares beyond the executor's year without justification were personally liable for the subsequent catastrophic decline in value.
  • Buxton v. Buxton (1835) 1 My & Cr 145: Held that an executor who in the exercise of honest discretion postponed the sale of bonds beyond the year, acting on reasonable market intelligence, was not liable for subsequent loss.
Courtroom Practice & Strategic Litigation Guidance:

Executors retaining unlisted securities or real estate beyond the first year must document periodic independent valuations and professional broker opinions to establish reasonable cause under Section 347, shielding themselves against beneficiary surcharge applications.