Indian Succession Act,1925
Act No : 39
Section :
Executor of his own wrong.
303. Executor of his own wrong.-A person who intermeddles withthe estate of the deceased, or does any other act which belongs to theoffice of executor, while there is no rightful executor oradministrator in existence, thereby makes himself an executor of hisown wrong.---------------------------------------------------------------------1 The words "and the province of Burma" omitted by the A. O. 1937.150 Exceptions.--(1) Intermeddling with the goods of the deceased forthe purpose of preserving them or providing for his funeral or for theimmediate necessities of his family or property, does not make anexecutor of his own wrong. (2) Dealing in the ordinary course of business with goods of thedeceased received from another does not make an executor of his ownwrong. Illustrations (i) A uses or gives away or sells some of the goods of thedeceased, or takes them to satisfy his own debt or legacy or receivespayment of the debts of the deceased. He is an executor of his ownwrong. (ii) A, having been appointed agent by the deceased in hislifetime to collect his debts and sell his goods, continues to do soafter he has become aware of his death. He is an executor of his ownwrong in respect of acts done after he has become aware of the deathof the deceased. (iii) A sues as executor of the deceased, not being such. He isan executor of his own wrong.
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