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


A creditor who has not received payment of his
debt may call upon a legatee who has received paymeni 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.

LAWGIST

# 361 Creditor may call upon legatee to refund