LawgistThe Indian Succession Act
363When unsatisfied legatee must first proceed against executor, if solvent
If the assets were not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
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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
