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Section 356: Refund of legacy paid under Court's orders

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 355 All 391 Sections of Indian Succession Act Section 357

Legal Commentary & Landmark Judgments: Section 356

Section 356 governs the refund of legacies paid under court orders, granting absolute indemnity to the executor while preserving the right of unsatisfied creditors to compel the legatee to refund.

  • Payment Under Judicial Sanction: Applies where the executor delivers or pays a legacy in strict obedience to a decree or order of a competent civil court.
  • Personal Representative Indemnity: The executor is fully discharged from personal liability to unsatisfied creditors or unpaid legatees in respect of the sum so disbursed.
  • Creditor's Remedy Against Legatee: Unsatisfied creditors who could not participate in the prior proceedings retain the statutory right to compel the paid legatee to refund the amount rateably.
Key Landmark Precedents:
  • March v. Russell (1837) 3 My & Cr 31: Lord Cottenham held that where an executor pays away assets under the direction of the court, he is indemnified; but creditors may still follow the assets into the hands of the legatee.
  • Farhall v. Farhall (1871) LR 7 Ch App 123: Affirmed that judicial administration decrees shield the representative personally, redirecting the equitable burden of restitution onto the enriched legatees.
Courtroom Practice & Strategic Litigation Guidance:

Executors facing complex or disputed estate claims should always seek an administration decree under Order XX Rule 13 CPC; this secures absolute statutory immunity under Section 356, insulating their personal assets against future creditor actions.

Section 355 All 391 Sections of Indian Succession Act Section 357