Executors and Administrators: Powers, Limits, and Liabilities
Authority to Sue, Dispose, and Manage Estates
Restrictions, Safeguards, and Special Provisions
By Vishwas Kumar
New Delhi: April 21, 2026:
The Indian Succession Act provides a comprehensive framework for the powers of executors and administrators, ensuring that estates are managed effectively while protecting the rights of beneficiaries and creditors. Sections 305 to 315 outline the scope of authority, restrictions, and responsibilities of those entrusted with estate administration.
A significant precedent in testamentary and succession disputes is Nagulapati Lakshmamma v. Mupparaju Subbaiah, where the Supreme Court addressed key issues relating to proof of wills, evaluation of suspicious circumstances, and the evidentiary standards required to establish the genuineness of a testamentary document. This judgment continues to guide courts in resolving complex inheritance and will-related disputes.
Causes of Action and Debts
Section 305 empowers executors and administrators to sue in respect of causes of action that survive the deceased, as well as to recover debts owed at the time of death. This provision ensures continuity of legal rights, allowing estates to pursue claims that the deceased could have pursued.
Section 306 extends this principle, stating that all demands and rights of action survive to executors or administrators, except for personal causes such as defamation, assault, or divorce. The illustrations clarify: a personal injury claim that does not cause death does not survive, nor does a divorce petition. This distinction underscores that succession law preserves property and financial rights, not personal or non-transferable claims.
Disposal of Property
Section 307 grants executors and administrators’ broad powers to dispose of estate property. Sales, mortgages, and transfers are valid exercises of discretion. However, restrictions apply when the deceased belonged to certain communities (Hindus, Muslims, Buddhists, Sikhs, Jains, or exempted persons). In such cases:
- Executors must respect restrictions imposed by the will unless the court permits otherwise.
- Administrators require prior court permission to mortgage, transfer, or lease immovable property beyond five years.
- Any disposal in contravention of these rules is voidable at the instance of interested parties.
This balance between discretion and oversight ensures estates are managed efficiently while preventing abuse.
General Powers of Administration
Section 308 allows executors and administrators to incur expenditure for property management. With High Court sanction, they may also spend on religious, charitable, or improvement purposes. This provision reflects the law’s recognition of broader social and moral obligations tied to estates.
Commission and Agency Charges
Section 309 restricts executors and administrators from charging commissions beyond the rate fixed under the Administrator-General’s Act, 1913. This prevents excessive claims and ensures fairness in estate administration.
Purchase of Estate Property
Section 310 prohibits executors or administrators from purchasing estate property, directly or indirectly. Such sales are voidable at the instance of interested parties. This rule prevents conflicts of interest and self-dealing, reinforcing fiduciary responsibility.
Powers of Several Executors
Section 311 clarifies that when multiple executors or administrators exist, any one of them may exercise powers unless the will directs otherwise. Illustrations show that one executor may release debts, surrender leases, sell property, or assent to legacies. However, if the will requires a quorum, a single executor cannot act alone.
Survival of Powers
Section 312 ensures continuity: if one executor dies, powers vest in the survivors unless the will directs otherwise. This avoids disruption in estate management.
Administrators of Unadministered Effects
Section 313 provides that administrators of unadministered effects have the same powers as original executors. This ensures estates are fully administered even if initial executors cannot complete the task.
Administrators During Minority
Section 314 grants administrators during minority full powers of ordinary administrators. This provision ensures estates are not left unmanaged when executors are minors.
Married Women as Executors
Section 315 affirms that married women granted probate or administration have full powers of ordinary executors. This reflects progressive recognition of women’s legal capacity in succession matters.
Broader Implications
These provisions collectively establish a robust framework:
- Continuity of rights: Executors step into the legal shoes of the deceased for property and financial claims.
- Checks and balances: Restrictions on disposal of property and prohibition of self-dealing safeguard beneficiaries.
- Flexibility: Powers survive among multiple executors and administrators, ensuring estates are not left unmanaged.
- Inclusivity: Married women and administrators during minority are recognized as having full authority.
For executors, these rules emphasize fiduciary responsibility and accountability. For beneficiaries, they provide safeguards against misuse. For courts, they offer mechanisms to oversee and regulate estate administration.
[RESEARCH RESOURCES
EXTRACTS FROM BOOK, WILL WRITING SIMPLIFIED, By Dr Ravinder Kumar Anand. [📘 Buy Will Writing Simplified online: Amazon | Flipkart ]
OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR
305. In respect of causes of action surviving deceased and debts due at death.—An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased and may exercise the same power for the recovery of debts as the deceased had when living.
306. Demands and rights of action of or against deceased survive to and against executor or administrator.—All demands whatsoever and all rights to prosecute or defend any action or special proceeding existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code (45 of 1860), or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.
Illustrations
(i) A collision takes place on a railway in consequence of some neglect or default of an official and a passenger is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not survive.
(ii) A sues for divorce. A dies. The cause of action does not survive to his representative.
307. Power of executor or administrator to dispose of property.—
(1) Subject to the provisions of sub-section (2) and executor or administrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit.
Illustrations
(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his discretion mortgages a part of the Immovable estate of the deceased. The mortgage is valid.
(2) If the deceased was a Hindu, Muhammad an, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, namely:—
(i) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the Will appointing him, unless probate has been granted to him and the Court which granted
the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.
(ii) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,—
(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 211, or
(b) lease any such property for a term exceeding five years.
(iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may be, is voidable at the instance of any other person interested in the property.
(3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be.
(4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section.
308. General powers of administration.—An executor or administrator may, in addition to and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure—
(a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him; and
(b) with the sanction of the High Court, on such religious, charitable and other objects and on such improvements, as may be reasonable and proper in the case of such property.
309. Commission or agency charges.—An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator-General by or under the Administrator-General’s Act, 1913 (3 of 1913)*.
310. Purchase by executor or administrator of deceased’s property.—If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.
311. Powers of several executors or administrators exercisable by one. —When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the Will or taken out administration.
Illustrations
(i) One of several executors has power to release a debt due to the deceased.
(ii) One has power to surrender a lease.
(iii) One has power to sell the property of the deceased whether movable or immovable.
(iv) One has power to assent to a legacy.
(v) One has power to endorse a promissory note payable to the deceased.
(vi) The Will appoints A, B, C and D to be executors and directs that two of them shall be a quorum. No act can be done by a single executor.
312. Survival of powers on death of one of several executors or administrators.—Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor.
313. Powers of administrator of effects unadministered.—The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator.
314. Powers of administrator during minority.—An administrator during minority has all the powers of an ordinary administrator:
315. Powers of married executrix or administratrix.—When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator.
FAQ: Powers of Executors and Administrators
Q1: Can executors sue on behalf of the deceased?
Yes. Executors can sue for causes of action and debts that survive the deceased.
Q2: Do all legal claims survive after death?
No. Personal claims such as defamation, assault, or divorce do not survive.
Q3: Can executors sell estate property?
Yes, executors may dispose of property, but administrators require court permission for immovable property transactions.
Q4: What happens if executors act against restrictions in the will?
Such disposals are voidable at the instance of interested parties.
Q5: Can executors charge commission?
Only at rates fixed under the Administrator-General’s Act, 1913. Excessive charges are prohibited.
Q6: Can executors buy estate property?
No. Any purchase by executors or administrators is voidable to prevent conflicts of interest.
Q7: If there are multiple executors, can one act alone?
Yes, unless the will requires a quorum. Powers may be exercised by any one executor.
Q8: What if one executor dies?
Powers vest in the surviving executors unless the will directs otherwise.
Q9: Do married women have full executor powers?
Yes. Married women granted probate or administration have the same powers as ordinary executors.
FINAL NOTE:
In conclusion, Sections 305 to 315 provide a detailed blueprint for executor and administrator powers. They balance authority with accountability, ensuring estates are managed efficiently, fairly, and in line with the deceased’s wishes.
* Now see the Administrators -General Act, 1963 (45 of 1963).