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Illustrations

(i) One of several executors has power to release a debt due to the deceased.


(ii) One has power to surrender a lease.
(iii) One has power to sell the property of the deceased whether movable or immovable.
(iv) One has power to assent to a legacy.
(v) One has power to endorse a promissory note payable to the deceased.
(vi) The will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can be done by a single executor.

312. Survival of powers on death of one of several executors or administrators
Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor.

313. Powers of administrator of effects unadministered
The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator.

314. Powers of administrator during minority
An administrator during minority has all the powers of an ordinary administrator.

315. Powers of married executrix or administratrix
When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator.

Chapter VII - Of the Duties of an Executor or Administrator
316. As to deceased’s funeral
It is the duty of an executor to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose.

317. Inventory and account
(1) An executor or administrator shall, within six months from the grant or probate or letters of administration, or within such further time as the Court which granted the probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or administrator is entitled in that character; and shall in like manner, within one year from the grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing the assets which have come to his hands and the manner in which they have been applied or disposed of.
(2) The High Court may prescribe the form in which an inventory or account under this section is to be exhibited.
(3) If an executor or administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed an offence under section 176 of the Indian Penal Code, 1860 (45 of 1860).
(4) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code.

318. Inventory to include property in any part of India in certain cases
In all cases where a grant has been made of probate or letters of administration intended to have effect throughout India, * * * the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situate in India and the value of such property situate in each state shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within India.

319. As to property of, and debts owing to, deceased
The executor or administrator shall collect, with reasonable diligence, the property of the deceased and the debts that were due to him at the time of his death.
320. Expenses to be paid before all debts
Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and death-bed charges, including fees for medical attendance and board and lodging for one month previous to his death, shall be paid before all debts.

321. Expenses to be paid next after such expenses
The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges.

322. Wages for certain services to be next paid, and then other debts
Wages due for services rendered to the deceased within three months next preceding his death by any labourer, artisan or domestic servant shall next be paid, and then the other debts of the deceased according to their respective priorities (if any).

323. Save as aforesaid, all debts to be paid equally and rateably
Save as aforesaid, no creditor shall have a right of priority over another, but the executor or administrator, shall pay all such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend.

324. Application of movable property to payment of debts where domicile not in India
(1) If the domicile of the deceased was not in India, the application of his movable property to the payment of his debts is to be regulated by the law of India.
(2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immovable estate of the deceased unless he brings such payment into account for the benefit of the other creditors.
(3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jain or an exempted person.

Illustration



A dies, having his domicile in a country where instruments under seal have priority over instruments not under seal leaving movable property to the value of 5,000 rupees, and immovable property to the value of 10,000 rupees, debts on instruments under seal to the amount of 10,000 rupees and debts on instruments not under seal to the same amount. The creditors holding instruments under seal receive half of their debts out of the proceeds of the moveable estate. The proceeds of the immovable estate are to be applied in payment of the debts on instruments not under seal until one-half of such debts has been discharged. This will leave 5,000 rupees which are to be distributed rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.

325. Debts to be paid before legacies
Debts of every description must be paid before any legacy.

326. Executor or administrator not bound to pay legacies without indemnity
If the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.

327. Abatement of general legacies
If the assets, after payment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the executor has no right to pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is a trustee.

328. Non-abatement of specific legacy when assets sufficient to pay debts
Where there is a specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing specified must be delivered to the legatee without any abatement.

329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.

330. Rateable abatement of specific legacies
If the assets are not sufficient to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.
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