D dies intestate. Before letters of administration have been granted to anyone, D's nephew A sells some…
Section 303 provides that a person who intermeddles with the estate of the deceased while there is no rightful executor or administrator "thereby makes himself an executor…
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D dies intestate. Before letters of administration have been granted to anyone, D's nephew A sells some of D's goods and uses the money to pay A's own debt. Under the Indian Succession Act, 1925, A is:
Answer and explanation
Correct answer B
Section 303 provides that a person who intermeddles with the estate of the deceased while there is no rightful executor or administrator "thereby makes himself an executor of his own wrong". Illustration (i) to section 303 covers a person who sells the deceased's goods or takes them to satisfy his own debt. Under section 304 A is then answerable to the rightful executor, creditors and legatees to the extent of the assets that came to his hands, so he is not free of duty to the estate.