The Indian Succession Act, 1925 governs the administration of an estate. The executor sells a…
Assent under section 332 is needed to complete the legatee’s title. Section 307(1), illustration (i), recognises that the executor can make an otherwise authorised sale…
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The Indian Succession Act, 1925 governs the administration of an estate. The executor sells a specifically bequeathed item of movable property vested in the executor before assenting to the legacy. The sale complies with the executor’s powers in all other respects. What is the effect of the absence of assent on the sale?
Answer and explanation
Correct answer A
Assent under section 332 is needed to complete the legatee’s title. Section 307(1), illustration (i), recognises that the executor can make an otherwise authorised sale before giving assent.
Option feedback
Option A
Assent under section 332 is needed to complete the legatee’s title. Section 307(1), illustration (i), recognises that the executor can make an otherwise authorised sale before giving assent.
Option B
Assent completes the legatee’s title under section 332. Its absence does not nullify an otherwise authorised sale.
Option C
A separate breach of a restriction on the executor’s power can have consequences. Lack of assent alone does not make this sale voidable.
Option D
The mere absence of assent does not give the executor an option to undo a valid sale.
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Odisha Judicial Services