Section 307(2) of indian succession act 1925

Ced (Querist) 11 August 2026 This query is : Resolved
under 307(2)- there is mention of Hindu, Muhammad an, Buddhist, Sikh or Jaina or an exempted person

Query is
1) what is the definition of "certain exempted people" - which persons fall under this category.
2) what about other religions - Parsi, Christians, Jews
Many Thanks

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Quick Summary

Section 307(2) of the Indian Succession Act, 1925, outlines specific provisions for certain religious groups and 'exempted persons'. An exempted person is defined as someone officially excused by the State Government from particular parts of the Act. Crucially, Parsis, Christians, and Jews are not bound by the same restrictions as Hindus, Muslims, Buddhists, Sikhs, and Jains under this section, potentially meaning they do not require court permission for sales after Letters of Administration are issued.

kavksatyanarayana (Expert) 11 August 2026
Under Section 307(2) of the Indian Succession Act, 1925, an exempted person means any individual or member of a race, sect, or tribe whom the State Government has officially exempted from specific provisions of the Act. Under Section 307(2) of the Indian Succession Act, 1925, Parsis, Christians, and Jews are not subject to the restrictive conditions that apply to Hindus, Muslims, Buddhists, Sikhs, Jains, or exempted persons.

Ced (Querist) 12 August 2026
Thanks. so does the mean that Parsis, Christians, and Jews dont need sale permission from the court after the LOA has been issued.

kavksatyanarayana (Expert) 12 August 2026
Parsis, Christians, and Jews: these communities are governed by the general provisions of the Act for testamentary matters without these specific sub-section (2) restraints, their representatives exercise the wider powers outlined in sub-section (1).

Ced (Querist) 12 August 2026
Thank you. my learned counsel in Mumbai insist that we file a Misc. Petition for Judges Order for Sale after the LOA has been issued . I am of Christian faith so I told my counsel that I am exempt from filing the Misc. Petition for Judges Order for Sale & specific sub-section (2) restraints dont apply in mycase.

T. Kalaiselvan, Advocate (Expert) 14 August 2026
Section 307(2) of the Indian Succession Act, 1925 places vital restrictions on an executor or administrator's general power to dispose of a deceased person's immovable property. It ensures that any limitations written into a will or statutory conditions regarding court permissions are strictly followed to protect the estate.
Section 307 outlines the powers of an executor or administrator to dispose of a deceased person's property. While general executors have wide discretionary powers under subsection (1), subsection (2) places strict conditions and restrictions on disposals of immovable property if the deceased was a Hindu, Muhammadan, Buddhist, Sikh, Jaina, or an exempted person

Dr. J C Vashista (Expert) 15 August 2026
Very well analysed, opined and obliged by learned experts, which I endorse.
Prima facie it is an academic exercise.

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