The Indian Succession Act

Refund of legacy paid under Court’s orders

No refund if paid voluntarily

Refund when legacy has become due on performance of condition within further time allowed  under section 137

When each legatee compellable to refund in proportion

Distribution of assets

Creditor may call upon legatee to refund

When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in  full to refund

When unsatisfied legatee must first proceed against executor, if solvent

Limit to refunding of one legatee to another

Refunding to be without interest

Residue after usual payments to be paid to residuary legatee

Transfer of assets from India to executor or administrator in country of domicile for distribution


CHAPTER XII.--Of the Refunding of Legacies


When the time prescribed by the will for the performance of a condition
has elapsed, without the condition having been performed, and the executor or administrator has
thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under
section 137 for the performance of the condition, and the condition has been performed accordingly, the
legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable
to refund the amount.


LAWGIST

# 358 Refund when legacy has become due on performance of condition within further time allowed under section 137