Section 291. For

291. For , ~ ACT No. X OF 1665, .. . Legacies treated as genernl for purposeof value of an annuity when no sum has been appropriated abatement. to produce it, shall be trea.ted as general legacies. PART XXXV. Esecuto12s assent ne- cessary to complete legatee's ,title. 292. The assent of the executor is necessary to cornplete a. legatee's title to llis legacy. 122ustrutio11s. (u) A by liis Will bequeaths to R liis Government paper, xvhich is ir! deposit wit!: t!;c 13n;;k of Bengal. The Bank has no authority to ileliver the securities, nor B a right to take possession of t.hem, mithoot the assent of the executor. (71) A by his Will has bequeathed to C his house in Calcutta in the tenancy of `l3.` C is not entitled to receive the rents without the assent of the executor. `393.` The assent of the dxecutor to a specific bequest shall l-~e sufficient of to devest bis interest as execut,or therein, and to transfer assenttospecificlegacy. the subject of the bequest to the legatee, unless the nature or the circumstances of the property require that. it shall be transferred in a Assent may beverbal, particular way. This assent mny be TT~I-bal, and it, and either express or may be either expt(eess or implied from the conduct. of the I2lust1~ulions. . ( a ) A horse is bequeathed. The executor requests tlle legatee to tlispose. of' it, or a third party proposes to purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. (b)[T h e interest of ][a ][fund ][is ][directed by t.he l\rill to be applied for the ~naintenaiice ][of ][the legatee ] during his minority. The exec~tor commences so to apply it. This is an assent lo the wl~ole of the ( c ) A c 1 ACT No. X OF 1885. (c) A Bequest is made of a fund to `8,` alld after hin to B. The executor pays the interest of the fund to `-i.` This is an implied assciit to the hequest to B. (d)[Executors die after paying all the debts of the testator, but before satisfaction of specific lega- ] cies. Assent to the legacies may be presumed. ( e ) A person to whom a specitic article has been bequeathed takes possessiol~ of it and retains it mit!lnut any objection 011 the part of the executor.[His assent nlny be presumed. ] `294.`[Tile ][assent of all executor to ][a ][legacy ulay ][he ][conditional, and ] if' the condition be one which he has a right to enforce, Conditional assent. and it is not perfonl~ed, there is no auseut. A becjuenths to `I3` his lands of SdtBnpur, ~vllich at the date of the IVill, and at tl~e death of A, were subject to r nlortglge for iG,000 I-upees.[The executor assents to the bequest, on condition that ] `[I3 ]` shall ~vithin `a` limited time pay the an~ount due on the mortgage at the testator's death. The an~ount is not paid. There is no assent. `(5)`[Tile ][executor assents to a bequest ][011 ][conditiou that the legatee shall pay Ilia1 ] `[a ]`[sun, of money. ] TIle payluent is not made.[The assent is nevertheless valid. ] ,295,[TVhen the executor is ][a. ][legatee, ][.his ][agsent ][to ][his ][own legacy ][is ] Assent ofexecutor to necessary to complete his title to it, in the sanle way as it liis own legacy. is required when the bequest is to anot,her person, and his assent may in like ixlaililer be express or implied. Assent shall be implied Implied assent. if in his manner of adrlliliisterinp the pr0i;ert.v he does u `& A "` any .l act-which is referable to iris character of legatee and is not peferxble to his character of esecutor. 111~islrrtlion. An executor takes the rent `of` a house or the ilttcrest of Govcrnnlent securities bec~ueathed to him, and applies it to his own use. This is assent. .4sseilt of esecl~tor `296.`[The ][assent ][of ][the ][executor, ][to ][a ][legacy gives ] gives effect to legacy f~orn testator7scIeatli. effect to it fro~u the death of the testator. . * ACT XO. X `OF` 1865. r `Illus11 uliolla` (a) [A ][legatee sells his legacy before it is assented to by the executor. The executor's subsequent ] assent operates for the benefit of the purchaser, and completes his title to the legacy. (b) [A ][bequeaths ] `[1,000 ]`[rupees to ][B ][with interest from his death. ] The executor does not assent to, this legacy until tile expiration of a year from A's death. B is entitled to interest from the death of A. 297. An executor is not bound to pay or deliver any legacy until the expiration of one year from the testator's death. Executor not bound to pay or deliver legacies until after one year fro111 testator's death. `Ilhstraboa.` A by his Will directs his legacies to be paid within six months after his death. The executor is not bound to pay then1 before the expiration of a year. PART XXXTTI. `Of` tlze l'uynzcnt and Apl~ortionnzent of Annuities. 298.[Where ail annuity ig given by the ][Will, ][and no time is fixed for ][its ] coinnlencement, it shall commence froni the testator's death, Com~nencement of annuity when no time and the first payment shall be made at the expiratio11 of by Will. a year next after that event. Com~nencement of annuity when no time i i ~ e d by Will. 299,[IVllere there is ][a ][direction that the annuity shall be paid quarterly ] payment of or montllly, the first paynlent shall be due at the end of the first quarter or first month, as the case may be, after the ' testatoi's death ; and shall, if the executor think fit, be paid 1 1 ~ 1 , ~ ~ payment of anuuity to be paid quarterly or monthly first falls due. \~llen due, but the executor shall not be bound to pay it till the end of tile year, 300. Where there is a directioil that the first payment of an annuity shall be made within one m ~ n t h or any other division of time from the death of the testator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the Will authorjzes the first pxymoiit to be nlade ; .and if the annuitant should die in the inter~al betureen the times of payment, share of the annuity shall be paid to his representative. Dates of successive payments when first payment of an annuity directed to be made within a given time, or 011 a thy certain. Apportionment where annuit::nt,dies between times of payment. an PART XXXTTII. ACT Xo. X OF 1S65. I 1 I 1 i1~i RT XxxvIr. O j the l~zvestnte?zt cjJf' li7unds to provide for Legacies. 301. W e r e a legacy, not being a specific legacy, is given life, invest men^ of. sum the sum bequeathed E bequeathed where a legacy, not specific, is invested in such securities as the High Court may, by given for life. anv general rule t,o be made from time to time, autliorize or direct, a d the proceeds thereof shal! be paid to the legatee as the same shall accrue due. `302.`[Where a general legacy is given to be paid ][at ][a ] Investment ofamount of general legacy, to be future time, the executor shall invest a sum sufficient to paid at a future time. meet it iri securities of the lriud lnentioned in the last Intermediate interest. . preceding Section. The in terlnediate interest shall for111 part of the residue of the testator's estate. 303.[Where ][an ][an nu it^ ][is ][give11 and no fund is charged with its ] payment or appropriated by the Will to zinswes it, a purchased, or, if no such anuuity can be obtained, tlleu a sun1 sufficient to produce the annuity shall be illvested . appro~riateg to an an-. . . . . auity. for that purpose in such securities as the High Court may, by ally general rnle to be made from time to tinl.e, authorize or direct. 384.[Where a bequest is contingent, the execytor is not bound to invest ] the amount of the legacy, but iuay transfer the ~vhole Transfer to residuary legatee of amount of residue of the estate to the residuary legatee on his contingent bequest. giving sufficient security for the payment of the legacy if it shall becon~e due. `306.`[Where the testator has bequeatl~ed the residue of his estate to ] `[a ]` Investment of resipersor~ for life ~~rithout ally direction to invest it in any due bequeathed t o a particular securities, so llluch thereof as is not at the time erson fur life, without T;ilection to invest in of the testator's decease invested in such securities as the securities. ,High Court may for the tinie being regard as good securi- . ties, shall be converted into nloney and invested in such securities. I I B I * `386.` Where the testator has benneathed tlle residue of his ~ s f 2 . t ~ to 9 Tovestment of rePel's011 for lift sl'ecilied securities. ' I " " `U"` Y I I " " l l in such securities. Time and manner be completed, the person who would be for the time being elititled to the value (to be conlputed as of the date of the testator's death) of such part of t,he fund as shall not yet have been so invested. `308.` IVhere, by the terms of a bequest, the legatee is entitled to the meregranted, to the account of the legatee, unless the legatee be a nrard of the Court of Wards ; and if the legatee be a ward of the Court of Wards the legacy shall be paid into that Court to his account, and sucll payment into the Court of the District Judge, or into the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid ; and sucll money when paid in shall be invested in the purchase of Government secnrities, which, wit11 the interest thereon, shall be transferred or paid to tlia person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, m:~y direct. `174` ACT No. X or;. l8G5. PART SXX VIII. `Of` Ilte P~oduce until Interewt `of` Ltgacics. Legatee of a specific legacy entitled to pro- `309.`[T11e legatee of ][a ][specific legacy ][is ][erltitled to ] duce thereof fi.0111 tejtile clear produce thereof, if any, from the testator's dea,th. tator's death. Ercce1~tz'o~z.--A specific bequest, co~iti~lgent i11 its terms, does notcomprise the produce of the Iegijcy between the death of the testator and the vesting of the legacy. The clear produce of it forins part of the residue of the testator's estate. Illustrations, (a) [A ][bequeaths his flock ][of ][sheep ][to ][B. ][Hetweea ][the ][death. ][of ] [A ][and ][deIivery bp his executor ] t l ~ e sheep are shorn, 01% some of the ewes produce lambs. The wool and lambs are the property of B. ( b ) [A ][bequeaths his Government securities to ][B, ][but postpones the delivery of them till the death ] of C.[Tile ][interest which falls due between t l ~ e death of ] [A ][and the death of ][C ][belongs to ] `[13, ]`[ancl must, ] unless he is a minor, be paid to him as it is received. (c) The testator bequeaths aU his four per cent. Government promissory notes to A when be shall co~nplete the age of 18. A, if he complete that age, is elititled to reccive the notes, but the interest lvhich accrues in respect of them, between the testator's death and A's completing 18, forms part of the residue. `310.` The legatee under a general residuary be, Residuary-legateeenquest is elltitled to the produce of the residua1-y fund titled to produce of residunrv fund from from the testator's deat'h. Exception.-A gerleral residuary bequest contingent in its terms does not comprise the income which may accrue upon t.he fund bequeathed between the death of the testator alld the vesting af the leycy. Such i ~ ~ c o m e goes as undisposed of. (a)[The testator bequeatlls the resiclue of bis property to A, a minor, to be paid to him wllell ][he ] shall con~glete the age of i8. The income from the testator's death belongs to A. (!i) '1,11e . I ( b )[The testator bequeaths the residue of his property ][to ] [A ][when he shall co~nplete the age of ][18. ] A , if be complete that age, is entitled to receive the residue. The income which has accrued in respect of it since the testator's death goes as undisposed of. ' " U b L c l u " .rL.sz,, I," * ,111 i~ fixed for payment ofa a general legacy, interest begins to run from the general legacy. expiration of one year from the testator's death. 3xceptions.-(1.) Where the le$acy is bequeathed in satisfaction of a debt, interest runs from the death of the testator. (2.)[Where the testator was ][a ][.parent or a more remote ancestor of ] the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of the testator. (3.)[Where ][a ][sum is bequeathed to ][a ][minor with a direction to pay for ] his maintenance out of it, interest is payable from tile death of the testator. `31%.`[Where ][a ][time has been fixed for the payment of ][a ][general legacy, ] Interest when time interest begins to run from the time SO fixed. The interest has been fixed. up to such time fornls part of the residue of the testator's estate. Et~ce23tion.-where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, and $he legatee is `a` minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the Will for maintenance. ~. annum. 314.[No ][interest is' payable on the arrears of an annuity within the ] N~ interest payable fil'st[year ][from the death of the testator, although ][a ] 011 arrears of a n ~ ~ u i t ~ within first year after period earlier than the expiration of that year may have testator's death. been fixed by the Will for making the first payment of the annuity. ACT No. X OF 1865. 395. Where a sum of lnoney is 'directed to be invested to produce an annuity, interest is payable on it froln the death of the testator. Interest payable on sum to be invested to produce annuity. PART XXXIX. `Of` the Refunding of Legacies. 316. When an executor has paid a legacy under the orcler of % Juiigk, he is entitled to call upon Ihe legatee to refund, in the Refund of legacy paid under Judge's event of the assets proving insufficient to 133y all the orders. No refund if legacy paid voluntarily. 7 . When an executor has voluntarily paid a legacy, he cannot call upon a legatee to refund, in the event of the assets proving insufficient to pay a : the legacies. condition has elapsed, without the condition having 'been Refunit when legacy has become due on perperformed, and the executor has thereupon, without fraud, within further time al- acondition distributed the assets ; in such case, if further tiine has . lowed under Section been allowed under the one hundred and twenty-fuurth `124.` Section, for the performance of the condition, and the condition has been accordingly, the legacy cannot be claimed from tile esecutor, hut those to whom he has paid it are liable to refund the amount. s1gm[When the executor has paid away the assets in legacies, and he ] is afterwards obliged to discharge a debt of which he had is ,,Peaable, to reno notice, he is entitled to call upon each legatee fund in proporliulr. to refund in proportion. `320,`[Where an executor or administrator has ][given ][sucll notices ][as ] would have been given by the High Court i n an adminisDistribution of assets. tration suit, for creditors and others to send iu to hill1 their cla,iins against the esta,te of the deceased, he shall, at the expiration of the tilne illerein named for serding in claims, be at liberty to distribnte the I assets, or any part thereof, in discharge of such lawful claims as he knows of, and shall not be liable for the assets so distributed to any person of whose claim he shall not have had notice at the time of sueh distribution ; but nothing Creditor may follow herein contained shall prejudice the right of any creditor assets. or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively. Within what period n creditor may call upon the legacy has bec , a legatee to refund. ceived payment of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies ; and whether tlie payment of the legacy by the have subsequently become deficient by the wasting of the executor. When an unsatisfied Elme Or Ll1 solvent ; but if the executor is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion. Limit to the refund- 324. The `1'1` 8 ACT No X `OF` 1865. A has bequeathed 240 rupees to B, 480 rupees to C, and 720 rupees to D. The assets are only 1,200 rupees, and if properly administered would give 200 rupees to B, 400 rupees to `C,` and 600 rupees to `D.` C and D have been paid their legacies in full, leaving nothing to B. B can oblige C to refund 80 rupees, 2nd `I)` to refund 120 rupees. `325.`[The refunding shall ][in ][all cases be without ] Refunding to bewithcut interest. interest. `326.` The surplus or residue o F the deceased's proResidue of the deceased's property after perty after payment of debts and legacies, shall be paid usual payments to be to residuary legato the residuary legatee when any has been appointed by tree. the Will. PART XL. `Of` the Liability of an Executor or Administrator for Devastation. `327.`[$Vhen an executor or administrator misap- ] Liability of executor or administrator for plies the estate of the deceased, or subjects it to loss or devastation. damage, he is liable to make good the loss or damage so occasioned. Illustrations. (a) The executor pays out of the estate an unfounded claim. H e is liable to make good the loss. ( 6 )[The deceased had a valuable lease renewable by notice, which the executor neglects to give ] at the proper time.[The executor is liable to make good the loss. ] ( c ) The declased had a lease of less value than the rent payable for it, but terminable on notice at particlllar time.[The executor neglects to give the notice. ] H e is liable to make good the loss. `328.` When an executor or administrator occasions For neglect to get ;I, part of the dea loss to the estate by neglecting to get in any part of ceased's property. the property of the deceased, he is liable to make good the amount. I - . I Illustrations. (a) The executor absolutely releases a debt due to the deceased fi.om a solvent person, or compou:lds with a debtor who is able to pay in full. The executor is liable to make good the amount. ( h )[The exec:utor nrtglrtr.t,fi t,o ] [si~c? ][for ] [a ][rleht, till the clebtor ][is ][able t,o ple~il t,he Act, for t,hR lirnit,a.t,ion ] of suits, aid the debt is thereby lost to the estate. The executor is liable to make good the amount. PART XLI. `339.` For every irlstrunlent or writing of any of t l ~ e lrinds specified in Stamps and fees on[the Schedule to this Act, and which shall be made or exe- ] instrullle~~ts luarltionr.[l cuted after the commencement of this Act, there shall he in this Act. payable to Government a St.amp duty or fee of the amount indicated in the said Schedule. `330.` Nothing contained in this Act shall be deemed or taken to supersede or affect the rights, duties, and privileges of the Saving of rights, duties, and privileges of Administrators General and Officiating Administrators Aclministrator Gene r- a1 . General of Dengal, Madras and Bombay respectively, under or by virtue of Act VIII of 1855 (to amend the law relating to the ofice and duties of Administrator General), Act XXVI of I 8 0 (to n?nencl Act VIII `of` `1855),` The Regimehtal Debts Act, 1863, and the Administrator General's Act, 1865 ; and it shall be the duty of the Mngistrntc or other Chiof Offioer charged with tho executive admini~trntion of a district or place in criminal matters, whenever any person to whom the psovisions of this Act shull apply shall dic within thc limits of his jusisdictiun, to reporb the circu~llstailces without clelsy to the Administrator Gene,ral of the Province, retaining the property under his charge until letters of administration shall have been obtained by that Officer or by some other person, whcn the property is to bc delivered over to the person obbttiniug `such` lallers, or who may obtain probate of the Will (if any) of the deccascd. `ACT` No. X OF 1865. 33%.[The ][provisions of this Act shall riot apply ][to ][Intestate or ][Testa- ] mentary succession to the property of any HindG, Successionto properFlindris, Muham- Muham- Muham-[[Muhammadan or Buddhist ]][[; ]][[nor shall they ]][[apply ]] [[to ]][[any ]] or Buddhists In- will made, or any intestacy occurring before the first by this Act. this Act. day of January 1866. The fourth Section shall not apply to any marriage contracted before the sa,me day. Successionto proper. , `.E` Flindris, Muham- Muham- Muhamllladans or Buddhists and certnin Wills, Intestacies andularringes not aEected by this Act. this Act. Successionto properFlindris, Muham- Muham- Muham-[[Muhammadan or Buddhist ]][[; ]][[nor shall they ]][[apply ]] [[to ]][[any ]] or and certnin Wills, In- will made, or any intestacy occurring before the first The fourth Section shall not 332.[The ][Governor-General of India in Council shall from ti,111e to ] time have power, by an order, either retrospectirely froiir Power of Govcl.norto ., , the passing of this Act, or prospe~ti\~ely, to exempt froto tribe in the operation of the whole or any part of this Act the this ~ c t . ~ c t . members of any mce, sect or tribe in British India or any mce, sect or tribe in British India or any or tribe in British India or any tribe in British India or any in British India or any British India or any part of such race, sect or tribe, to whom he may consider i~possible or inexpedient to apply the provisions of of this Act, or of the part of the Act mentioned in the order. The Goveraor-General of India in Power of Govcl.norto ., , lace, tribe in British India from the operation of this ~ c t . ~ c t . members of any mce, sect or tribe in British India or any mce, sect or tribe in British India or any or tribe in British India or any tribe in British India or any in British India or any British India or any it i~possible or inexpedient to apply the provisions of of this Act, or of the part of the Act mentioned in the order. The Goveraor-General of India in Council shall also have power from time to time to revoke such order, but not so that the revocation shall have any retrospective effect. All orders and revocati0.n~ made under this Section shall be publishes in the Gazette of India. BCHEDULE. STAMPS. |Stamps.<br>Petition for probateorllettei-s of administration~vhere<br>the value of the estate exceeds Rupees five hundred<br>...Rupees100<br>O<br>Ditto where the value of the estate is less -than Rupees<br>fivehundred<br>...Rupee<br>1,oo<br>Probate or letters of administration<br>...Rupees800<br>Caveat<br>....Rupees4_0o _<br>Citation<br>...Rupee<br>100<br>All petitions other than those abovementioned<br>. ..Rupee<br>10 0<br>...Rupee<br>100<br>Administration-bond<br>...Rupees800<br>~ranslations'<br>by,the Court Translator.orbyorder of|Stamps.<br>Petition for probateorllettei-s of administration~vhere<br>the value of the estate exceeds Rupees five hundred<br>...Rupees100<br>O<br>Ditto where the value of the estate is less -than Rupees<br>fivehundred<br>...Rupee<br>1,oo<br>Probate or letters of administration<br>...Rupees800<br>Caveat<br>....Rupees4_0o _<br>Citation<br>...Rupee<br>100<br>All petitions other than those abovementioned<br>. ..Rupee<br>10 0<br>...Rupee<br>100<br>Administration-bond<br>...Rupees800<br>~ranslations'<br>by,the Court Translator.orbyorder of|Stamps.<br>Petition for probateorllettei-s of administration~vhere<br>the value of the estate exceeds Rupees five hundred<br>...Rupees100<br>O<br>Ditto where the value of the estate is less -than Rupees<br>fivehundred<br>...Rupee<br>1,oo<br>Probate or letters of administration<br>...Rupees800<br>Caveat<br>....Rupees4_0o _<br>Citation<br>...Rupee<br>100<br>All petitions other than those abovementioned<br>. ..Rupee<br>10 0<br>...Rupee<br>100<br>Administration-bond<br>...Rupees800<br>~ranslations'<br>by,the Court Translator.orbyorder of|Stamps.<br>Petition for probateorllettei-s of administration~vhere<br>the value of the estate exceeds Rupees five hundred<br>...Rupees100<br>O<br>Ditto where the value of the estate is less -than Rupees<br>fivehundred<br>...Rupee<br>1,oo<br>Probate or letters of administration<br>...Rupees800<br>Caveat<br>....Rupees4_0o _<br>Citation<br>...Rupee<br>100<br>All petitions other than those abovementioned<br>. ..Rupee<br>10 0<br>...Rupee<br>100<br>Administration-bond<br>...Rupees800<br>~ranslations'<br>by,the Court Translator.orbyorder of| |---|---|---|---| |the|theCourt,perfolioofilinetywctrds<br>...Rupees2|0|0| . ' C. :.