Limit to refunding of one legatee to another
Section 364 of the Indian Succession Act, 1925 deals with limit to refunding of one legatee to another. The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered. The Act came into force on 30 Sep 1925.
The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered.
Illustrations
A has bequeathed 240 rupees, to B, 480 rupees to C, and 720 rupees to D. The assets are only 1,200 rupees and, if properly administered, would give 200 rupees to B, 400 rupees to C and 600 rupees to D. C and D have been paid their legacies in full leaving nothing to B. B can oblige C to refund 80 rupees, and D to refund 120 rupees.
Section 364, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 364
What does Section 364 of the Indian Succession Act deal with?
Section 364 of the Indian Succession Act is headed "Limit to refunding of one legatee to another". The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered.
How do I find court cases under Section 364 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 364, section 364 Succession Act, section 364 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 364 of the Indian Succession Act come into force?
Section 364 of the Indian Succession Act, cited as Succession Act 364, 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.