ISUA 332 — Assent necessary to complete legatee’s title

Indian Succession Act, 1925

Statutory text

The assent of the executor or administrator is necessary to complete a legatee's title to his legacy.

Illustrations (i) A by his will bequeaths to B his Government paper which is in deposit with the Imperial Bank of India. The Bank has no authority to deliver the securities, nor B a right to take possession of them, without the assent of the executor.

(ii) A by- his will has bequeathed to C his house in Calcutta in the tenancy of B. C is not entitled to receive the rents without the assent of the executor or administrator.

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