An executor pays out of the estate a claim against the deceased that had no foundation. Under section…
Section 368 provides that an executor who misapplies the estate or subjects it to loss "is liable to make good the loss or damage so occasioned". Illustration (i) to section…
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An executor pays out of the estate a claim against the deceased that had no foundation. Under section 368 of the Indian Succession Act, 1925, the executor:
Answer and explanation
Correct answer B
Section 368 provides that an executor who misapplies the estate or subjects it to loss "is liable to make good the loss or damage so occasioned". Illustration (i) to section 368 applies this where the executor pays an unfounded claim out of the estate. Liability for such devastation does not depend on dishonesty.