Demands and rights of action of or against deceased survive to and against executor or administrator

Q: When did Section 306 of the Indian Succession Act come into force?

Section 306 of the Indian Succession Act, cited as Succession Act 306, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 18 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 6 provisions

Section 306 of the Indian Succession Act, 1925 deals with 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; The Act came into force on 30 Sep 1925.

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.
Section 306, The Indian Succession Act, 1925 (Act 39 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 6

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Dr. Niraj Awasthi vs Shri Jagdish Bharti(d) Thru Lrs

Supreme Court of India 25 Jan 2022 Persuasive (Other SC Division Bench)

Court's Decision & Legal Precedent

When a consumer dispute is pending in appeal and the original party dies, the courts may, with the consent of all parties, dispose of the matter by directing disbursement of the awarded amount to the legal heirs as an ex-gratia payment, thereby avoiding the necessity of determining whether the appeal stands abated under the principle of 'Actio Personalis Moritur cum Persona'. The characterization of the payment as ex-gratia rather than compensation preserves the legal positions of both parties while achieving equitable resolution.

On this section: Cited for the principle that personal actions die with the person. The Court considered this provision in the context of whether consumer protection claims are purely personal actions that terminate upon death of the party.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 306

What have the courts held on Section 306 of the Indian Succession Act?

Dr. Niraj Awasthi vs Shri Jagdish Bharti(d) Thru Lrs (25 Jan 2022) is the leading judgment on this section among those set out below: Cited for the principle that personal actions die with the person. The Court considered this provision in the context of whether consumer protection claims are purely personal actions that terminate upon death of the party.

How do I find court cases under Section 306 of the Indian Succession Act?

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: Succession Act 306, section 306 Succession Act, section 306 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 306. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. Niraj Awasthi vs Shri Jagdish Bharti(d) Thru Lrs (25 Jan 2022).

What should I read with Section 306 of the Indian Succession Act, and has it changed?

6 other provisions in this corpus refer back to it.

When did Section 306 of the Indian Succession Act come into force?

Section 306 of the Indian Succession Act, cited as Succession Act 306, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

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 18 Oct 2026. This page is not a substitute for legal advice.