The executor of R, a Parsi, in the exercise of his discretion mortgages a part of R's immovable estate.…
Section 307(1) lets an executor dispose of the property vested in him "in such manner as he may think fit", and Illustration (ii) to section 307 holds that a mortgage of…
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The executor of R, a Parsi, in the exercise of his discretion mortgages a part of R's immovable estate. The will places no restriction on him. Under section 307 of the Indian Succession Act, 1925, the mortgage is:
Answer and explanation
Correct answer A
Section 307(1) lets an executor dispose of the property vested in him "in such manner as he may think fit", and Illustration (ii) to section 307 holds that a mortgage of part of the immovable estate made in his discretion is valid. The restrictions in section 307(2), including the Court's permission and voidability, apply only where the deceased was a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person. A Parsi estate is outside that list.