LawgistThe Indian Succession Act
364Limit to refunding of one legatee to another
The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered.
Illustrations
A has bequeathed 240 rupees, to B, 480 rupees to C, and 720 rupees to D. The assets are only 1,200 rupees and, if properly administered, would give 200 rupees to B, 400 rupees to C and 600 rupees to D. C and D have been paid their legacies in full leaving nothing to B. B can oblige C to refund 80 rupees, and D to refund 120 rupees.
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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
