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Section 306: Demands and rights of action of or against deceased survive to and against executor or administrator.

The Indian Succession Act, 1925Central Act · Act 39 of 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.

Where this provision sits

ActThe Indian Succession Act, 1925
Section306
Marginal noteDemands and rights of action of or against deceased survive to and against executor or administrator.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

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