Indian Succession Act,1925
Act No : 39
Section :
Power of executor or administrator to dispose of property.
307. Power of executor or administrator to dispose of property.-(1) Subject to the provisions of sub-section (2), an executor oradministrator has power to dispose of the property of the deceased,vested in him under section 211, either wholly or in part, in suchmanner as he may think fit. Illustrations (i) The deceased has made a specific bequest of part of hisproperty. The executor, not having assented to the bequest, sells thesubject of it. The bale is valid. (ii) The executor in the exercise of his discretion mortgages apart of the immoveable estate of the deceased. The mortgage is valid. (2) If the deceased was Hindu, Muhammadan, Buddhist, Sikh orJaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions andconditions, namely:-- (i) The power of an executor to dispose of immoveable 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 immoveable 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 immoveable 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 may152 be, is voidable at the instance of any other person interested in the property. (3) Before any probate or letters of administration is or aregranted in such a case, there shall be endorsed thereon or annexedthereto 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 renderedinvalid by reason of the endorsement or annexure required by sub-section (3) not having been made thereon or attached thereto, notshall the absence of such an endorsement or annexure authorise anexecutor or administrator to act otherwise than in accordance with theprovisions of this section.
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