LawgistThe Indian Succession Act
361Creditor may call upon legatee to refund
A creditor who has not received payment of his debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; and whether the payment of the legacy by the executor or administrator was voluntary or not.
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CHAPTER XII.--Of the Refunding of Legacies
- 356 Refund of legacy paid under Court’s orders
- 357 No refund if paid voluntarily
- 358 Refund when legacy has become due on performance of condition within further time allowed under section 137
- 359 When each legatee compellable to refund in proportion
- 360 Distribution of assets
- 361 Creditor may call upon legatee to refund
- 362 When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- 363 When unsatisfied legatee must first proceed against executor, if solvent
- 364 Limit to refunding of one legatee to another
- 365 Refunding to be without interest
- 366 Residue after usual payments to be paid to residuary legatee
- 367 Transfer of assets from India to executor or administrator in country of domicile for distribution
