AI Overview...
Administrator de Son Tort: Main Points and Insights
- Definition and Nature
An executor de son tort (executor of his own wrong) is a person who intermeddles with the estate of a deceased without lawful authority, often by assuming the functions of an executor or administrator improperly. This person is considered a legal representative de son tort and can be held liable for misappropriation or intermeddling with estate assets.
References: - Wharton's Law Lexicon defines it as a stranger acting as executor or administrator without just authority (02500001061).
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1972 case clarifies that intermeddling involves assuming authority and exercising functions of estate management (00200032683).
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Liability and Legal Consequences
An executor de son tort is liable to account for assets intermeddled with and can be sued for wrongful acts. They are responsible for damages and can be compelled to restore estate assets. Liability does not depend solely on possession but on the wrongful assumption of executor-like authority (00400000620).
References: - Courts have held that such individuals are liable to satisfy claims from estate assets (00400000620).
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They are also liable for monies received since the wrongful act, and their liability is regulated by court decisions or arbitrators (02100083698).
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Distinction from Legitimate Executors/Administrators
An executor de son tort differs from legitimate executors or administrators, who have lawful authority and proper legal title. The key factor is whether the person took on the role without lawful authority and with wrongful intent.
References: -
The Indian Succession Act and case law emphasize that mere intermeddling without legal title does not create trust or liability unless wrongful assumption of authority occurs (02100070769, 00900079583).
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Legal Proceedings and Limitations
Actions against executor de son tort are subject to limitation statutes, and proof of wrongful assumption of authority is critical. Courts have also clarified that someone who acts as a de facto trustee or administrator may be regarded as de son tort if acting improperly (02100018068, 00900079583). -
Case Law and Jurisprudence
Multiple cases reinforce that an executor de son tort is a person who, without lawful authority, intermeddles with estate assets, assumes executor functions, and is liable for wrongful acts. The courts have also distinguished between lawful estate representatives and de son tort actors based on intent and authority (00200042693, 02700036693).
Analysis and Conclusion
An executor de son tort is essentially a wrongful intermeddler who assumes estate management functions without lawful authority, making them liable for damages and misappropriation. Their liability stems from wrongful assumption of authority rather than legal appointment, and they are considered de son tort because they act against the rights of legitimate estate representatives. Proper legal procedures and proof of wrongful conduct are necessary to establish such liability. Courts consistently emphasize the importance of intent, authority, and wrongful intermeddling in classifying someone as an executor de son tort.
References:
- Wharton's Law Lexicon (02500001061)
- 1972 case law on intermeddling (00200032683)
- Indian Succession Act and related judgments (02100070769, 02100083698, 00900079583, 02100018068, 02700036693)
Search Results for "Administrator De Son Tort"
1918 0 Supreme(Mad) 150 • India - Madras
de son tort of the properties of the plaintiffs. ... accountable for monies received since 1909 and that the legal relationship of the parties established the 1st defendant as an agent and administrator ... Therefore the liability of the 1st defendant so far as the bonds are concerned is regulated by the decision of the arbitrators by Ex. 11 and not by his liability as administrator de son tort. ... The position occupied by the 1st defendant must under the circumstances be taken to be,....
1945 0 Supreme(Mad) 224 • India - Madras
ALFRED HENRY LIONEL LEACH
de son tort. ... Decidendi: The court held that no trust had been created as the defendant did not have legal title to the money and was only an administrator ... The defendant undertook the task of distribution, but he had no legal title to the money and at the most he could only be regarded as an administrator de son tort in this connection. It follows that the learned Judge was wrong in applying Section 10 of the Limitation Act. ... Article 123 only applies to a suit which is agains....
1954 0 Supreme(AP) 41 • India - Andhra Pradesh
UMAMAHESWARAM
LUNACY ACT - SECTION 303 - EXECUTOR DE SON TORT - LIABILITY OF GUARDIAN - SUBROGATION - RIGHT OF INDEMNITY - PLEADING - AMENDMENT ... The court also held that the 1st defendant was not an executor de son tort and that the plaintiff could not be substituted to the ... Whether the 1st defendant was an executor de son tort and whether the properties of the lunatic in the hands of the 2nd defendant ... The learned Advocate for the appellant relied on S. 303, Indian Succession Act, and cont....
1988 0 Supreme(Mad) 404 • India - Madras
DAVID ANNOUSSAMY, MOHAN
The court held that the transfer of shares by the administrator of the estate was valid and binding on the appellant, and that ... The third respondent, who was the administrator of the deceased shareholder's estate, claimed that the transfer was made in order ... ... In any event, the third respondent acted as de facto trustee or at any rate as an administrator. As such administrator de son tort, his action is valid. ... ... The positive stand of the third respondent is that he deal....
1988 0 Supreme(Cal) 384 • India - Calcutta
Susanta Chatterji
Executors and Administrators are legal representatives although they may have no beneficial interest. A person usurping the position of Executor and/or Administrator would also he a legal representative as an Executive or Administrator "de-Son Tort". ... The learned Munsif found that Susama Moyee Debi has however, the right to file the execution case on behalf of the Deity in absence of her son prafuila Chandra Sanyal. ... 4. ... Naturally, a question arises in the instant case as to ....
1920 0 Supreme(Cal) 143 • India - Calcutta
PANTON, N. R. CHATTERJEA
Trustee de Son Tort - Accounts - Indian Succession Act, Section 265; Limitation Act, Section 10; Article 120 - A trustee de son ... The rule of English law that no liability as executor de son tort can arise where there is another personal representative does not ... Issues: Whether the defendants, who managed the estate after the death of Meghraj, were trustees de son tort and liable to ... liable not only to action by the rightful executor or administrato....
2007 0 Supreme(AP) 329 • India - Andhra Pradesh
G.ROHINI
The term also includes an executor de son tort. What is plain, therefore, is that, in order to constitute a person an "intermeddler" there should be an intention on his part to act as a legal representative, and showed to represent the estate of a deceased. ... 1972 it was held as under : ... "it is now fairly settled that the term "intermeddler" has been used to mean intermeddling with the estate of the deceased person in such a way as to denote an assumption of the authority, an intention to exercise the functions of an executor or an administ....
• India - Madhya Pradesh
SHINDE
CIVIL PROCEDURE CODE - ORDER 22 RULE 4 - LEGAL REPRESENTATIVE - INTERMEDDLER - PERSON WHO TAKES UPON HIMSELF TO ACT AS EXECUTOR OR ADMINISTRATOR ... Ratio Decidendi: The court held that a person would not be an intermeddler unless he takes upon himself to act as an executor or administrator ... ... Executor 'de son tort' has been described in Wharton's Law Lexicon as follows : ... "If a stranger take upon himself to act as executor or administrator without any just authority, he is called in law an exe....
2004 0 Supreme(All) 842 • India - Allahabad
ASHOK BHUSHAN
executor dee son tort has been described in Whartons Law Lexicon as follows :"if a stranger take upon himself to act as executor or administrator without any just authority, he is called in law an executor of his own wrong, director of Education son tort, and is liable to the extent of the assets which ... an intention to exercise the functions of an executor or administrator. ... from an executor de son tort does not. ... Indeed, as has been noticed....
1956 0 Supreme(Bom) 137 • India - Bombay
D.V.VYAS, J.C.SHAH
TORT - LIABILITY OF. ... tort and liable to satisfy the claim of the plaintiff out of the estate if any, in their possession. ... DISHONOURED CHEQUE - ACKNOWLEDGMENT OF LIABILITY - PART PAYMENT - LEGAL NECESSITY - SHEBAIT'S POWER TO INCUR DEBTS - EXECUTORS DE SON ... He has further pointed put that defendants 2 to 10 had intermeddled with the assets of Shri Narayan Maharaj in such a way as to denote an assumption of the authority or an intention to exercise the functions of an executor or administrator and that they were....
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