A, B and C are the executors of D's will, and all three have proved it. The will gives no direction on…
Section 311 provides that where there are several executors, the powers of all may, "in the absence of any direction to the contrary", be exercised by any one of them who…
Choose your answer
A, B and C are the executors of D's will, and all three have proved it. The will gives no direction on how they are to act. A alone releases a debt due to D. Under the Indian Succession Act, 1925, the release is:
Answer and explanation
Correct answer A
Section 311 provides that where there are several executors, the powers of all may, "in the absence of any direction to the contrary", be exercised by any one of them who has proved the will. Illustration (i) to section 311 states that one of several executors has power to release a debt due to the deceased. Joinder of the others or the Court's approval is not required, though a release that causes loss may still make the executor liable under section 369.