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Section 358: Refund when legacy has become due on performance of condition within further time allowed under section 137

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 357 All 391 Sections of Indian Succession Act Section 359

Legal Commentary & Landmark Judgments: Section 358

Section 358 governs the refund of a legacy when it has become due upon the performance of a condition within the extended time allowed under Section 137.

  • Conditional Legacy with Time Extension: Applies where a legacy was subject to a condition precedent, and the court or circumstances permitted performance within the extended timeframe sanctioned under Section 137.
  • Premature Distribution to Alternative Beneficiary: The bequest was distributed to a residuary legatee or alternative beneficiary upon the apparent failure of the condition before the expiry of the extended time.
  • Obligation to Refund: Upon the due performance of the condition within the extended period, the person who received the property is bound to refund it to the conditional legatee.
Key Landmark Precedents:
  • Page v. Leapingwell (1812) 18 Ves 463: Held that intermediate distributions made pending the fulfillment of a conditional bequest are provisional and liable to restitution once the condition is lawfully consummated.
  • Radhabai v. Anantrav, (1885) ILR 9 Bom 198: Affirmed that an interim holder of conditional testamentary property must surrender the corpus when the rightful legatee fulfills the contingency within the permitted statutory period.
Courtroom Practice & Strategic Litigation Guidance:

When a conditional legatee performs a condition within an extended timeframe under Section 137, file a petition for restitution under Section 358 read with Section 144 CPC against any party who took premature possession of the bequest.

Section 357 All 391 Sections of Indian Succession Act Section 359