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Section 366: Residue after usual payments to be paid to residuary legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 365 All 391 Sections of Indian Succession Act Section 367

Legal Commentary & Landmark Judgments: Section 366

Section 366 directs the payment of the final residue to the residuary legatee after all debts, expenses, and prior testamentary bequests have been completely discharged.

  • Completion of Administration: Applies at the final stage of estate winding-up when all debts, funeral charges, testamentary expenses, and specific/general legacies have been satisfied.
  • Right to Undisposed Surplus: The residuary legatee is entitled to demand immediate transfer, conveyance, and delivery of all remaining movable and immovable property.
  • Closure of Executorial Office: Upon delivery of the residue, the executor's representative character terminates, and they can demand a formal release from the residuary legatee.
Key Landmark Precedents:
  • Navneet Lal v. Gokul, (1976) 1 SCC 630: The Supreme Court emphasized that the residuary clause sweeps up all property not effectively disposed of, and the residuary legatee is entitled to the complete ultimate surplus upon clearance of prior burdens.
  • Lord Sudeley v. Attorney-General [1897] AC 11: The House of Lords held that until the residue is ascertained by full administration, the residuary legatee has no specific proprietary right in any individual asset, but only a right to have the estate properly administered.
Courtroom Practice & Strategic Litigation Guidance:

Residuary legatees facing unreasonable executorial delay after debts are paid should file an administration suit under Order XX Rule 13 CPC or apply under Section 302 of the Act for an order directing the executor to pass final accounts and hand over the residue.

Section 365 All 391 Sections of Indian Succession Act Section 367