A bequeaths to B a zamindari mortgaged for 10,000 rupees; at A's death the whole principal and 1,000…
The second Illustration to section 167 holds that B "accepts it subject to this charge" and must pay the 11,000 rupees due. Under section 167(1) a specific legatee takes…
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A bequeaths to B a zamindari mortgaged for 10,000 rupees; at A's death the whole principal and 1,000 rupees interest are due. The will directs that A's debts be paid generally. B accepts the bequest. Who bears the mortgage debt?
Answer and explanation
Correct answer B
The second Illustration to section 167 holds that B "accepts it subject to this charge" and must pay the 11,000 rupees due. Under section 167(1) a specific legatee takes subject to an incumbrance created by the testator, and section 167(2) says a contrary intention "shall not be inferred" from a general direction to pay debts. So the general direction does not shift the mortgage to A's estate.