The Indian Succession Act 1865, 10 of 1865, (Rep., Act 39 of 1925)

Section 262. Paymeat to executor or administrator before probate or letters of administration revoked

Repealed or not in force · As amended up to 2026-08

262. Paymeat to executor or administrator before probate or letters of administration revoked. - Right of such executor or adlninistrator to recoup himself for p~yrncnts. - 263. ~ ~ ~ ~ ~ c a l s from orders made by District Judge under powers conferred by - this Act. 264. Concurrent jurisdiction of High Court. . ACT No. `*F` 1866; PART XXXII. `Of` Executo7.s of their own Thong. Kxecutor of his own wrong. Liability of an executor'of his own wrong. PART XXXIII. Of the Powers of an Executor or Admini~t~~atol: I n respect of causes of action surviving the deceased, and rents due at the time of his death. Denlands and rights of action' in favour of or against deceased, survive to and against his executor or administrator. Power of executor or administrator to dispose of deceased's property. Purchase by executor or administrator of deceased's property. Powers of several executors or administrators, exerciseable by qne. Su;vival of powers on death of one of several executors or administrators. Powers of administrator of effects unadministered. Powers of administrator during minority. Powers of married executrix or administratrix. ~f the Duties of a72 Ereczltor OT Ad?ninistrntor, As to deceased's f~ineral. Inventory and account, Duty of executor or adnlinistrator as to property of, and debts owing to, the deceased. Expenses to be paid before all debts. Expenses to be paid cexL after such expenses. 262. Where anv probate is or letters of administration are revoked. payments. tiou may retain and reimburse himself in respect of any payments made by him, which the person to wlloin probate or letters of administration shall be aft~rwards grant.ed i~ig!?t hzve lawful!y made. payments. 263.[Every order made by a ][District ][Judge ][by ][virtue of the powers ] Executor of his own U L UUGU a u y UUUUL "VU v v UAU"ULUU wrong. executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. ' '164 ACT No. X OF 1865. o ~ 8 All demands wliatsaever and all rights to l,rosecute or defelad . l)elllaods and rights any action or special proceeding, existing in farour of or of action in favour 0for agaillst deceased, suragainst a person at the tinle of his decease, survive to vive to 2nd against his executor or actminisagainst his executors or administrators ; except causes of trator. action for defamation, assault as defined in the Indian Penill Code, or other ~ersonal injuries not causing the death of' the party ; and rscept also cases where, after the death of t<l!e party, the relief sought could not be ei~joyed, or granting it wculd be nugatory. ISages for certain services to be next paid, and then the other clebts. Save as aforesaid, all debts to be paid equally and rateably. payment of debts, where the Application of ~noveable property to deceased's domicile was not in British India. Creditor paid in palt under Section 283 to bring such payment illto accouilt Lefoi e sharing in proceeds of imluoveable property. ' fl ACT `No.` X adla `IGG5.` SECTION. 285. Debts to be paid before legacies. 286. Executor or administrator not bound to pay legacies without indemnity. (ct) A collision takes place on a railway in col~sequeuce of tolne neglect or default of the officials, and a phssenger is severely hurt, but not so as to cause death. He afterwards dies witliout having brought any action. The cause of action does not survive. (b) A sues for divorce. A dies. The cause of action does not survive to his representative. rower of executor 269. An executor or administrator has power t o or dispose administrator of deceased.s to dispose of the property of the deceased, &her rvholly or property. i l l part, in sucll nlauiier as he rrlxy llli~lli lit. (a)[The deceased has made a specific bequest of part of his property. ] The executor, l l ~ t having assented to the bequest, sells the subject of it.[The sale ][is ][valid. ] ( b )[The executor, in the exercise of his discretion, mortgages ][a ][part of the i~llinovcable estate ] of the deceased. The mortgage is valid. 270. If an executur or administrator purchases, either directly or indirectly, any part of the property of the deceased, purchase by executor o, ndnlinistrator of dethe sale is voidable at the instance of any otller person property. iriterested in the property sold.

Source: India Code