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

Section 271. When

Repealed or not in force · As amended up to 2026-08

271. When 1 I , 1. I I , I/ D Y I I I I I I 3 CB ACT KO. X OF 1865. . 271. powers of several 2xecutors or adminis,raters, exerciseable by one. 271. When there are several erecutori or adninistrutors, the y o r n r several of all may, in the absence of any direction to the exerciseable by contrary, be exercised by any one of' them who has proved the Will or taken out administration. Illustratrons. - (12) One of several executors has power to release a debt due to the deceased. ( b )[One has power to surrender a lease. ] - ( c ) One has power to sell the property of the deceased, moveable or immoveable. (d)[One has power to assent to a legacy. ] - (e)[One has power to endorse a promisso1.y note payable to the deceased. ] `(f)`[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. 272. Upon the death of ope or more of several executors or administrators, all the powers) of the office become rested in the sukvivors or ~ u ~ v i v o r . ~ ~ ~ ~ i ~ ~ l o f ~ o ~ e ~ s o n 272. ieath of one of scve-' executors or administrators. 293. The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator. Powe~s of administrator of effects unadministered. 274.[An ][administrator during ][minority ][has all ][the ] powers of an ordinary administrator. Powen of adminisduring minority. 275.[When probate or letters of administration have ] been granted to a married woruan, she has all the powers of all ordinary executor or adminiatrator. Powers of married executrix or adminia- Of' the Duties o f an Bxecutor or Administrator. 276.[It ][is ][the ][duty of an executog to perform the funeral of ][the ][deceased ] 4s tu dweased's fuin a manner suitable to llis condition, if he has left pro. nerd. perty sufficient for the purpose. , I. ACT No. X OF 1865. 277.[An ][executor or administrator shall, within six months from ][the ] Inventory and ac- grant of: probate or letters of administration, exhibit in the inventory containing a full and true estimate of all tile property in possession, and all the credits, and also all the debts owing by any person or persons to which the executor or administrator is entitled in that character, and shall in like manner, witllin one year from the date aforesaid, exhibit an account of the estate, showing the assets that may have come i o his hand., and the manner in which they have been applied or disposed of. 279.[Funeral expenses to ][a ][reasonable amount, according to the degree ] one month previous to his death, arerto be paid before all debts. 280.[The expenses ][af ][obtaining probate or letters of administration, ] penses. the estate, are to be paid next after the funeral expenses and death-bed charges. 281. Wages due for services rendered to the deceased within three debts. other debts of the deceased. 282.[Save as aforesaid, no creditor is to have a right ][of ][priority ][over ] another, by reasoi Pave as aforesaid, all rst A C T No. X OF 1865. `283.`[1f ][the ][domicile ][of ][the ][deceased ][was ][not ][in ] Application of moveable property to payBritish India, the application of his n~oveable pr0pert.y to A dies, having his domicile in a country where instru'meilts under seal have priority ores instrumellts not under sealto the same amount.[The dcbts on the instruments under seal are to be paid in full. out of ] the iiio~cnD!c estate, and the proceeds of the immoveable estate are to be applied as.far as they Mill extend towards t l ~ e discharge of the clebts not under seal. Accordingly, one-half of the amount of the debts not under seal is to be paid out of the proceeds of the immoveable estate. 284.[No creditor who has received payment ][of ] [a ][part of ][lzis ][debt ][by ] Creditor Virtue of the last preceding Section shall be entitled, to under Section 283 share in the proceeds of the itnmoveable estate of the to bring such payment into accollnt before deceased unless he brings such paymeyt into account for Illustration. A dies, having his domicile in a country where inshments under seal have priority o v a instruments not under seal, leaving moveable property to the value of 5,000 rupees, and immoveable ,property to the value. of. `10,000` rupees, debts 011 instruments under seal to the amount of 10,000 rupees, and debts on instruments ;lot under seal to the sa.me ami~unt. The creditors holding instruments under sea.1 receive half of their &bts out of the pl*oc:eeds ctf the moveable estate. The proceeds of thc immoveable estate are to be applied in pyment of the dehts on instruments ~iol, linder seal until one-half of such debts han heed discharged. This mil leave 5,000 rupees, which nrc to bo distributed rrt,ccrhly amongst all the creditors without distinction i r ~ pruportio~~ to the anlount mhioli may rem~in due to them. 285.[Debts. ][of ][every ][description ][must ][be ][paid ][be- ] I3ebt.s. to. be paid. ACT KO. X OF 1865. 286.[If the estate of the deceased is subject to any contingent liabilities, ] recuto or or admin-[an executor or administrator is not bound to ][pay ][any ] istrator not boyud to legacy without a sufficient indemnity to meet the liabilities legacies mithout whenever they may become due. istrator not boyud to pay legacies mithout indemnity. 28'8. If the assets, after payment of debts, necessary expenses and *brremellt ofgenerspecific legacies, are not sufficient to pay all the general a1 legacies. legacies in full, the latter shall abate or be diminished in equal proportions, and the erecutor ]]as no right to pay one legatee in preferExec~tor not not to pay ence to another, nor to retain any money on account of a one legatee in prelegacy to l~imself or to any person for whom he is a ference to another. trustee. Exec~tor not not to pay one legatee in preference to another. 288. Where there is a specific legazy, and the assets are sufficient for Non-abatement of the pajrment of debts and necessary expenses, the thing specific legacy when assets sufficient to pay specified must be delivered to the legatee without any debts. abatement. 289. Where there is `n` demonstrative legacy, and the assets are suffiunder demonscient for the payment of debts and necessary expenses, the , legacy, when legatee has a preferential claim for payment of his legacy . pay debts and necesout of the fund from which the legacy is directed to be paid until such furid is exhausted, and it' after the Right under demonstrative , legacy, when the asset< are sufficient to pay debts and necessary expenses. frlnd 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 reinainder. I Rateable abatement 290. If the assets are not sufficient* to answer the a€ specific legacies. debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to tlieir respective amounts. `4` has bequeathed to B a diamond ring, valued at 500 rupees, and to C a horse, valued at 1,000 rupees.[I t ] [is ][foalld necessary to sell all the effects of the testator, and his assets, after payment of debts, are ] ~ n l y 1,000 rupees. [Of ][this sum rupees ] `[333-5-4 ]`[are to be paid to ][B, ][and rupees ] [666-10-8 ][to ][C. ]

Source: India Code