Section 363 of the Indian Succession Act, 1925 – When unsatisfied legatee must first proceed against executor, if solvent

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Section 363: When unsatisfied legatee must first proceed against executor, if solvent

When 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.

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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