A has bequeathed 240 rupees to B, 480 rupees to C and 720 rupees to D. The assets are only 1,200…
Section 364 limits the refund by one legatee to another to "the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered".…
Choose your answer
A has bequeathed 240 rupees to B, 480 rupees to C and 720 rupees to D. The assets are only 1,200 rupees, so proper administration would give B, C and D 200, 400 and 600 rupees. The executor pays C and D in full, leaving nothing for B. Under section 364 of the Indian Succession Act, 1925, B can oblige:
Answer and explanation
Correct answer A
Section 364 limits the refund by one legatee to another to "the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered". The illustration to section 364 accordingly lets B make C refund 80 rupees and D refund 120 rupees, which gives B his abated share of 200 rupees. B cannot recover his full legacy, and payment in good faith does not shield C and D.