Report No. 110
Liability of an Executor or Administrator for Devastation (Sections 368 and 369)
47.1. Scope of sections 368 and 369.-
Liability of an executor or administrator for devastation is dealt with in sections 368 and 369, which needs no introductory comments.
47.2. Liability of executor or administrator for devastation.- Section 368 reads:
"368. 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.
(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".
The section needs no change, not having raised any serious difficulties.
47.3. Liability of executor or administrator for neglect to get any part of property.- Section 369 reads-
"369. When an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount.
(i) The executor absolutely releases a debt due to the deceased from a solvent person, or compounds with a debtor who is able to pay in full. The executor is liable to make good the amount.
(ii) The executor neglects to sue for a debt till the debtor is able to plead that the claim is barred by limitation and the debt is thereby lost to the estate. The executor is liable to make good the amount."
This section also needs no change.