Section 334 of the Indian Succession Act, 1925 – Conditional assent

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Section 334: Conditional assent

The assent of an executor or administrator to a legacy may be conditional, and if the condition is one which he has a right to enforce, and it is not performed, there is no assent.

Illustrations

(i) A bequeaths to B his lands of Sultanpur, which at the date of the will, and at the death of A, were subject to a mortgage for 10,000 rupees. The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testator’s death. The amount is not paid. There is no assent.

(ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

Related posts:

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  2. Section 335 of the Indian Succession Act, 1925 – Assent of executor to his own legacy
  3. Section 58 of the Transfer of Property Act, 1882 – Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined
  4. Section 113 of the Indian Succession Act, 1925 – Bequest to person not in existence at testator’s death subject to prior bequest