Section 361 of the Indian Succession Act, 1925 – Creditor may call upon legatee to refund

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Section 361: Creditor may call upon legatee to refund

Creditor may call upon legatee to refund.—A creditor who has not received payment of his debt may call upon a legatee who has received payment 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.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

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