A, a Christian whose succession is governed by Part V of the Indian Succession Act, 1925, has left a…
Illustration (ii) to section 30 holds that such a testator "has died intestate in respect of the distribution of his property". The will is valid in appointing an executor,…
Choose your answer
A, a Christian whose succession is governed by Part V of the Indian Succession Act, 1925, has left a will by which he appoints B his executor, but the will contains no other provision. What is the legal position as to his property?
Answer and explanation
Correct answer B
Illustration (ii) to section 30 holds that such a testator "has died intestate in respect of the distribution of his property". The will is valid in appointing an executor, but it makes no disposition of the estate, and section 30 treats undisposed property as passing on intestacy. An executor holds the estate in a representative capacity and takes nothing beneficially merely by being appointed.