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Section 357: No refund if paid voluntarily

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 356 All 391 Sections of Indian Succession Act Section 358

Legal Commentary & Landmark Judgments: Section 357

Section 357 codifies the general prohibition against an executor seeking refund of a voluntarily paid legacy, barring executorial restitution unless unexpected liabilities arise without executorial negligence.

  • Voluntary Payment by Executor: Applies where an executor pays a legacy voluntarily without judicial compulsion, having full knowledge of the estate's condition.
  • General Bar on Restitution: The executor cannot subsequently compel the legatee to refund the money to satisfy debts or other legatees, bearing personal liability for the shortfall.
  • Exception for Unforeseen Contingent Debts: Refund is permissible only if the executor can prove that assets were originally sufficient and the deficiency arose from an unexpected contingent liability of which the executor had no reasonable notice.
Key Landmark Precedents:
  • Noor Mahomed v. R.B. Lall, AIR 1935 Lah 526: Held that an executor who voluntarily pays a legacy cannot sue the legatee for a refund to make up a deficiency of assets caused by his own miscalculation or negligence.
  • Jervis v. Wolferstan (1874) LR 18 Eq 18: Lord Romilly laid down that an executor paying voluntarily can only call for a refund if he had no notice of the liability and acted with utmost prudence.
Courtroom Practice & Strategic Litigation Guidance:

Legatees facing refund suits by executors must raise Section 357 as a complete defense, putting the executor to strict proof that the payment was not voluntary, or establishing that the executor had notice of the debt prior to disbursal.

Section 356 All 391 Sections of Indian Succession Act Section 358