CHAPTER XIII.--Of the Liability of an Executor or Administrator for DevastationCentral

Section 368 of The Indian Succession Act, 1925 in hindi

When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned. Illustrations

(i)The executor pays out of the estate an unfounded claim. He is liable to make good the loss.
(ii)The deceased had a valuable lease renewable by notice which the executor neglects to give at the proper time. The executor is liable to make good the loss.
(iii)The deceased had a lease of less value than the rent payable for it, but terminable on notice at a particular time. The executor neglects to give the notice. He is liable to make good the loss.

Summary

This provision makes an executor or administrator personally liable for misapplying the estate.
If the executor subjects the estate to loss or damage, they must make good the loss.
This rule protects the beneficiaries from careless or wrongful actions by the person managing the estate.

Practical examples

1An executor decides to pay a fake invoice submitted by their friend for repairs to the deceased's house that never happened. The executor is personally liable to repay the estate for this loss.

2An administrator forgets to renew a valuable commercial lease owned by the deceased, causing the estate to lose the property rights. The administrator must pay the estate the value of the lost lease.

FAQ

1. What happens if an executor misapplies estate funds under Section 368 of the Indian Succession Act 1925?

Under Section 368 of the Indian Succession Act 1925, an executor who misapplies the estate is liable to make good the loss or damage occasioned by their actions.

2. Can an administrator be punished for damaging the estate under Section 368 of the inheritance law?

Yes, Section 368 of the inheritance law states that if an administrator subjects the estate to loss or damage, they are liable to make good the loss.

3. Does Section 368 of the succession act apply to paying unfounded claims?

Yes, paying an unfounded claim misapplies the estate, so under Section 368 of the succession act, the executor must repay the lost amount.

Test yourself

Q1.What does Section 368 of The Indian Succession Act, 1925 require an executor to do if they subject the estate to damage?

Q2.Under Section 368 of the 1925 Succession Act, which action would make an administrator liable for devastation?

Q3.According to the text of Section 368 of the Indian Succession law, who is held liable for the loss?

Q4.If an executor pays out an unfounded claim from the estate money, how does Section 368 of the inheritance act resolve this?

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