Section 367: Transfer of assets from India to executor or administrator in country of domicile for distribution

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 367

Section 367 regulates the international transmission of surplus estate assets, permitting an ancillary executor in India to remit surplus movable assets to the representative in the country of the deceased's foreign domicile.

  • Foreign Domicile of Testator: Applies where the deceased died domiciled outside India, leaving movable assets within India requiring administration.
  • Ancillary Administration in India: The Indian personal representative takes out ancillary probate or administration to collect Indian assets and discharge local debts.
  • Discretionary Remission of Surplus: After satisfying all Indian debts and specific legacies, the Indian court or executor may lawfully transmit the surplus movable funds to the principal personal representative in the country of domicile.
Key Landmark Precedents:
  • Ewing v. Orr Ewing (1883) 9 App Cas 34: The House of Lords affirmed that an ancillary representative is bound to satisfy local claims, but the surplus is properly transmitted to the forum of the domicile for global distribution.
  • In re Achillopoulos; Johnson v. Mavromichali [1928] Ch 433: Held that an attorney-administrator in England acting for a foreign administrator is justified in remitting the surplus assets to the principal administrator abroad after satisfying local debts.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border estates involving NRI testators, Indian ancillary administrators should file a formal petition under Section 367 before the District Court seeking judicial sanction to remit surplus movable proceeds abroad, securing statutory immunity against foreign tax or beneficiary disputes.