Creditor may call upon legatee to refund
Section 361 of the Indian Succession Act, 1925 deals with creditor may call upon legatee to refund. A creditor who has not received payment of his debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; The Act came into force on 30 Sep 1925.
A creditor who has not received payment of his debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; and whether the payment of the legacy by the executor or administrator was voluntary or not.
Section 361, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
- Karnataka Small Cause Courts Act s. 29 Repeal and savings
- Kerala Small Cause Courts Act s. 33 Repeals
- Kerala Small Cause Courts Act, 1957 (President's Act No.8 of 1957) s. 33 Repeals
- s. 362 When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
Questions about Section 361
What does Section 361 of the Indian Succession Act deal with?
Section 361 of the Indian Succession Act is headed "Creditor may call upon legatee to refund". A creditor who has not received payment of his debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies;
How do I find court cases under Section 361 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 361, section 361 Succession Act, section 361 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 361 of the Indian Succession Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 361 of the Indian Succession Act come into force?
Section 361 of the Indian Succession Act, cited as Succession Act 361, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.