When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
Section 362 of the Indian Succession Act, 1925 deals with when legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund. If the assets were sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to hi The Act came into force on 30 Sep 1925.
If the assets were sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor.
Section 362, The Indian Succession Act, 1925 (Act 39 of 1925).
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Questions about Section 362
What does Section 362 of the Indian Succession Act deal with?
Section 362 of the Indian Succession Act is headed "When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund". If the assets were sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to hi
How do I find court cases under Section 362 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 362, section 362 Succession Act, section 362 of the Indian Succession Act. People searching for it also type section 362 of 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 362 of the Indian Succession Act, and has it changed?
Its own text turns on section 361 (Creditor may call upon legatee to refund), so none of them can safely be read on its own.
When did Section 362 of the Indian Succession Act come into force?
Section 362 of the Indian Succession Act, cited as Succession Act 362, 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 18 Oct 2026. This page is not a substitute for legal advice.