Lawgist306Demands 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; 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.
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- 305 In respect of causes of action surviving deceased and debts due at death
- 306 Demands and rights of action of or against deceased survive to and against executor or administrator
- 307 Power of executor or administrator to dispose of property
- 308 General powers of administration
- 309 Commission or agency charges
- 310 Purchase by executor or administrator of deceased’s property
- 311 Powers of several executors or administrators exercisable by one
- 312 Survival of powers on death of one of several executors or administrators
- 313 Powers of administrator of effects unadministered
- 314 Powers of administrator during minority
- 315 Powers of married executrix or administratrix
