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Indian Succession Act,1925

Act No : 39


Section : When unsatisfied legatee must first proceed against executor, ifsolvent.

363. When unsatisfied legatee must first proceed againstexecutor, if solvent.-If the assets were not sufficient to satisfy allthe legacies at the time of the testator's death, a legatee who hasnot received payment of his legacy must, before he can call on asatisfied legatee to refund, first proceed against the executor oradministrator if he is solvent; but if the executor or administratoris insolvent or not liable to pay, the unsatisfied legatee can obligeeach satisfied legatee to refund in proportion.


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