High CourtsDivision Bench(1940) 08 AHC CK 0003

Sheo Shankar and Another vs Debi Charan and Others

Allahabad High Court · Decided on 27 August 1940

HON’BLE JUDGES
Thomas, C.J · Zia-ul-Hasan, J
CASE NUMBER
First Civil Appeals No''s. 5 and 6 of 1937

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Judgment

3 paragraphs · 152 words
1.

A transfer by an executor as such is valid unless it is established that the transferee had notice that the executor was acting in breach of trust.

2.

Where there is nothing to show that certain decrees Were obtained by creditors against the executrix in her '' personal capacity it must be presumed that they were due by her as executrix of her husband''s estate, and burden of proof is upon those who assert the contrary.

3.

There is no reason "to make a distinction in this respect between voluntary and involuntary sales. The entire-estate of a testator having become vested in the executor and the executor being entitled to dispose of it as he thinks best, it follows that if the estate is sold in execution of a decree obtained on a debt due by the executor as such, the sale must be held to be perfectly valid and good.