Administration of estate of deceased bankrupt
Section 170 of the Insolvency and Bankruptcy Code, 2016 deals with administration of estate of deceased bankrupt. All the provisions of Chapter V relating to the administration and distribution of the estate of the bankrupt shall, so far as the same are applicable, apply to the administration of the estate of a deceased bankrupt. The Act was enacted on 28 May 2016.
(1) All the provisions of Chapter V relating to the administration and distribution of the estate of the bankrupt shall, so far as the same are applicable, apply to the administration of the estate of a deceased bankrupt.
(2) While administering the estate of a deceased bankrupt, the bankruptcy trustee shall have regard to the claims by the legal representatives of the deceased bankrupt to payment of the proper funeral and testamentary expenses incurred by them.
(3) The claims under sub-section (2) shall rank equally to the secured creditors in the priority provided under section 178.
(4) If, on the administration of the estate of a deceased bankrupt, any surplus remains in the hands of the bankruptcy trustee after payment in full of all the debts due from the deceased bankrupt, together with the costs of the administration and interest as provided under section 178, such surplus shall be paid to the legal representatives of the estate of the deceased bankrupt or dealt with in such manner as may be prescribed.
Section 170, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
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Questions about Section 170
What does Section 170 of the Insolvency and Bankruptcy Code deal with?
Section 170 of the Insolvency and Bankruptcy Code is headed "Administration of estate of deceased bankrupt". All the provisions of Chapter V relating to the administration and distribution of the estate of the bankrupt shall, so far as the same are applicable, apply to the administration of the estate of a deceased bankrupt.
How do I find court cases under Section 170 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 170, section 170 Insolvency and Bankruptcy Code, section 170 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 170 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 178 (Priority of payment of debts), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 170 of the Insolvency and Bankruptcy Code enacted?
Section 170 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 170, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.