Section 335
Assent of executor to his own legacy.
The Indian Succession Act, 1925
About this Act
An Act to consolidate the law applicable to intestate and testamentary succession.
(1) When the executor or administrator is a legatee, his
assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the
bequest is to another person, and his assent may, in like manner, be expressed or implied.
(2) Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor or administrator.
Illustrations
An executor takes the rent of a house or the interest of Government securities bequeathed to him and applied it to his own use. This is assent.
(2) Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor or administrator.
Illustrations
An executor takes the rent of a house or the interest of Government securities bequeathed to him and applied it to his own use. This is assent.