A bequeaths to B his lands of Sultanpur, which were subject to a mortgage for 10,000 rupees both when…
Section 334 provides that assent may be conditional, and "if the condition is one which he has a right to enforce, and it is not performed, there is no assent". The executor…
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A bequeaths to B his lands of Sultanpur, which were subject to a mortgage for 10,000 rupees both when the will was made and when A died. The executor assents to the bequest on condition that B pays, within a limited time, the amount due on the mortgage at A's death. B does not pay. Under section 334 of the Indian Succession Act, 1925:
Answer and explanation
Correct answer C
Section 334 provides that assent may be conditional, and "if the condition is one which he has a right to enforce, and it is not performed, there is no assent". The executor may insist that the mortgage debt be met before the lands pass, so Illustration (i) to section 334 concludes that, the amount not being paid, there is no assent. The condition is not void, because it is one the executor can lawfully impose.