Assume section 177 of the Indian Succession Act, 1925 applies. A testator owes a debt on a deposit to a…
Section 177 gives a creditor both the legacy and the debt where the will does not show that the legacy is intended as satisfaction of the debt. The absence of that intention…
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Assume section 177 of the Indian Succession Act, 1925 applies. A testator owes a debt on a deposit to a brother and also leaves that brother a legacy; the will does not show that the legacy is intended to satisfy the debt. What is the brother entitled to receive?
Answer and explanation
Correct answer B
Section 177 gives a creditor both the legacy and the debt where the will does not show that the legacy is intended as satisfaction of the debt. The absence of that intention is decisive in this question. It does not require the creditor to elect or automatically set the deposit debt off against the legacy.