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Report No. 110

30.2. Rule of "satisfaction" in England.-

To make the discussion comprehensive, it should be pointed out that in England, the equitable rule of "satisfaction", considered in all its aspects, arises1 in four classes of cases, namely, (i) satisfaction of debts by legacies2, (ii) satisfaction of legacies by subsequent legacies, (iii) satisfaction of portions by legacies3, and (iv) satisfaction of legacies by portions or advancements4.

In India, sections 177 to 179 of the Act make a clean sweep of the doctrine of "satisfaction"' in regard to all the four cases mentioned above. The first case is dealt with in section 177; the second case is dealt with in section 179;

The third case is dealt with in section 178, and the fourth case is dealt with in section 179, vide the words "by settlement or otherwise' which occur in that section.

1. Pomeroy Equity Jurisprudence, para. 521, referred to in N.D. Basu Law of Succession, (1957), pp. 551, 552.

2. Talbot v. Shrewsbury, 1714 Pr Ch 394.

3. Exp. Pye., 18 Ves 140.

4. Pollock (in re:), 28 Ch D 552.



The Indian Succession Act, 1925 Back




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