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Report No. 110

42.2. Section 332.- Section 332 reads:-

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


(i) A by his will bequeaths to B his Government paper which is in deposit with the Imperial Bank of India.1 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."

The precise purport of this section remains obscure, until one turns to the remaining sections-particularly, section 336. Section 336 provides that an assent to the title relates back to the date of death.

Thus, it is not a case of "no title until assent", but "inchoate title until assent".

1. Illustration (i) may be revised to substitute "State Bank of India" in place of the words "Imperial Bank of India".

The Indian Succession Act, 1925 Back

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