Save as aforesaid, all debts to be paid equally and rateably

Q: When did Section 323 of the Indian Succession Act come into force?

Section 323 of the Indian Succession Act, cited as Succession Act 323, 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 16 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 323 of the Indian Succession Act, 1925 deals with save as aforesaid, all debts to be paid equally and rateably. Save as aforesaid, no creditor shall have a right of priority over another; The Act came into force on 30 Sep 1925.

Save as aforesaid, no creditor shall have a right of priority over another; but the executor or administrator shall pay all such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend.
Section 323, The Indian Succession Act, 1925 (Act 39 of 1925).

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.

Sas Realtors Pvt. LTD vs Sri Maruti Electrical Enterprises

Supreme Court of India 11 Oct 2018 Binding (SC) Reportable Reportable - Supreme Court Judgment dated 11-10-2018

Court's Decision & Legal Precedent

The Limitation Act, 1963 applies to applications filed under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 from the Code's commencement on 01.12.2016. Time-barred debts cannot trigger the Corporate Insolvency Resolution Process. The expression 'debt due' in the Code refers only to debts that are not time-barred and are legally recoverable. Article 137 of the Limitation Act prescribes a three-year limitation period for applications under Sections 7 and 9, and applications filed beyond this period are barred unless delay is condoned under Section 5 of the Limitation Act.

On this section: Cited for principle that executor can pay time-barred debts without exception.

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 323

What have the courts held on Section 323 of the Indian Succession Act?

Sas Realtors Pvt. LTD vs Sri Maruti Electrical Enterprises (11 Oct 2018) is the leading judgment on this section among those set out below: Cited for principle that executor can pay time-barred debts without exception.

How do I find court cases under Section 323 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 323, section 323 Succession Act, section 323 of the Indian Succession Act. People searching for it also type section 323 of indian succession act. 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 Sas Realtors Pvt. LTD vs Sri Maruti Electrical Enterprises (11 Oct 2018).

When did Section 323 of the Indian Succession Act come into force?

Section 323 of the Indian Succession Act, cited as Succession Act 323, 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 16 Oct 2026. This page is not a substitute for legal advice.