Indian Succession Act,1925

Act No : 39

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Section : Demands and rights of action of or against deceased survive to andagainst executor or administrator.

306. Demands and rights of action of or against deceased surviveto and against executor or administrator.-All demands whatsoever andall rights to prosecute or defend any action or special proceedingexisting in favour of or against a person at the time of his decease,survive to and against his executors or administrators; except causesof action for defamation, assault, as defined in the Indian PenalCode, (45 of 1860.) or other personal injuries not causing the deathof the party; and except also cases where, after the death of theparty, the relief sought could not be enjoyed or granting it would benugatory.151 Illustrations (i) A collision takes place on a railway in consequence of someneglect or default of an official, and a passenger is severely hurt,but not so as to cause death. He afterwards dies without havingbrought any action. The cause of action does not survive. (ii) A sues for divorce. A dies. The cause of action does notsurvive to his representative.

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