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Indian Succession Act, 1925 · Chapter XII: Of the Refunding of Legacies

Section 367: Transfer of assets from India to executor or administrator in country of domicile for distribution

Where a person not having his domicile in [India] has died leaving assets both in if [India] and in the country in which he had his domicile at the time of his death, and there has been a grant of probate or letters of administration in [India] with respect to the assets there a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case may be, in [India], after having given such notices as are mentioned in section 360, and after having discharged, at the expiration of the time therein named, such lawful claims as he knows of, may, instead of himself distributing any surplus or residue of the deceaseds property to persons residing out of [India] who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 367

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