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Report No. 110

45.7. Position of spouse-Recommendations.-

The solicitude shown by the law for the case1 dealt with in the second exception to section 351 should, we think, be extended also to the spouse of the testator. At present, the legacy to spouse does not carry interest until a year from the death, where no time is fixed for payment. This is also the English law.2 But justice requires that the law should be changed.

We recommend accordingly.

1. Cf the facts in Rajani Kant v. Kiko, 34 Born LR 124: AIR 1932 Bom 506.

2. Halsbury's, 4th Edn., Vol. 17, p. 641, para. 1256.

45.8. Section 352-Interest when time fixed.-

Section 352 reads:-

"352. Where a time has been fixed for the payment of a general legacy, interest begins to run from time so fixed. The interest up to such time forms part of the residue of the testator's estate.

Exception1-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 the 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, or unless the will contains a direction to the contrary."

The section needs no change.

1. Cf. Halsbury's, 4th Edn., Vol. 17, p. 641, para. 1255 and Wilson v. Maddison, (1843) 2 Y&C Ch Cas 372.

The Indian Succession Act, 1925 Back

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