Right of restitution to the person adversely affected with payment of charge

The co-heir who pays more than what he was liable to pay in the common debt, as a result of the mortgage, charge of which was not deducted, shall have only the right to receive from other co-heirs the part which they were liable to pay, in proportion to their hereditary share and that too when the co-heir, who had paid it, gets subrogated in the rights of the creditor. Sole paragraph – In case of insolvency of any of the co-heirs, his part shall be divided proportionately, if at the time of the partition, the charge was unknown or its existence was disputed.