T, a Christian, bequeathed his car to L as a specific legacy. T's executor, who has not assented to the…
Section 307(1) gives an executor power to dispose of the property of the deceased vested in him under section 211, "either wholly or in part, in such manner as he may think…
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T, a Christian, bequeathed his car to L as a specific legacy. T's executor, who has not assented to the bequest, sells the car in the course of administration. Under section 307 of the Indian Succession Act, 1925, the sale is:
Answer and explanation
Correct answer D
Section 307(1) gives an executor power to dispose of the property of the deceased vested in him under section 211, "either wholly or in part, in such manner as he may think fit". Illustration (i) to section 307 says that where the executor, not having assented to a specific bequest, sells its subject, "the sale is valid". The extra limits in section 307(2), including the Court's permission, concern only the immovable property of a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person, so they do not touch the sale of a Christian's car.