Section 291 of the Indian Succession Act, 1925 deals specifically with an administration-bond. A person to whom letters of administration are granted is ordinarily required to give a bond to the District Judge with one or more sureties for the due collection, getting in and administration of the deceased's estate, subject to the terms and exceptions contained in the section.
Sample Administration Bond Format
Know all persons by these presents that I/We, ____________________________, son/daughter/wife of ____________________________, residing at ________________________________________________, hereinafter referred to as the Administrator, and ____________________________, son/daughter/wife of ____________________________, residing at ________________________________________________, hereinafter referred to as the Surety, are jointly and severally bound to the District Judge of ____________________________ in the sum of Rs. ________________ (Rupees ________________________________________ only).
Whereas by order dated ________________ passed by the Court of ________________________________________ in ________________________________________, the Administrator has been granted / is to be granted letters of administration in respect of the estate of Late ________________________________________, deceased.
And whereas the Administrator is required to furnish an administration bond with surety/security in accordance with Section 291 of the Indian Succession Act, 1925 and the directions of the Court.
Now the condition of this bond is that the Administrator shall faithfully collect, get in, preserve and administer the estate of the deceased according to law and the directions of the Court; shall file the inventory and account of the estate within the period prescribed by law or within such further time as may be allowed by the Court; and shall duly account for and distribute the estate to the persons lawfully entitled thereto.
If the Administrator duly performs these obligations and complies with all lawful directions of the Court, this bond shall stand discharged; otherwise it shall remain enforceable according to law and the terms of the Court's order.
Executed at ________________ on this ________ day of ________________, 20____.
Signature: ____________________
Name: ________________________
Address: ______________________
Signature: ____________________
Name: ________________________
Address: ______________________
Witnesses
1. Signature: ____________________ Name/Address: ______________________________
2. Signature: ____________________ Name/Address: ______________________________
What Section 291 Requires
Under Section 291(1), every person to whom a grant of letters of administration is committed-other than the statutory exception concerning section 241 mentioned in the provision-must give a bond to the District Judge with one or more sureties, undertaking due collection, getting in and administration of the deceased's estate. The form of the bond is subject to the Judge's general or special order.
Section 291(2) contains additional provisions where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, including a provision under which the District Judge may demand a like bond from a person to whom probate is granted.
Read the Indian Succession Act on India Code
Practical Drafting Notes
Before execution, verify the court order granting or proposing to grant letters of administration, the bond amount, identity and solvency requirements for sureties, applicable court rules, stamp law requirements in the relevant State or Union Territory, and whether the court has supplied its own prescribed bond form. Names, addresses, case number, estate details and the penal sum should exactly match the judicial record.
Frequently Asked Questions
Is an administration bond the same as a succession certificate bond?
No. They arise in different statutory contexts. An administration bond under Section 291 relates to letters of administration, while bonds connected with succession certificates are dealt with separately under the Indian Succession Act.
Can this sample be filed exactly as written?
Not necessarily. Section 291 expressly leaves the form subject to the District Judge's general or special order. The court's prescribed format and directions should therefore prevail.
Does the surety requirement always remain identical?
The statute and the court order must be read together. The required number, form and sufficiency of sureties/security should be verified from the applicable provision, court rules and the specific judicial direction.