Indian Succession Act : Conditional assent. Indian Bare Acts :

Indian Succession Act,1925

Act No : 39

Section : Conditional assent.

334. Conditional assent.-The assent of an executor oradministrator to a legacy may be conditional, and if the condition isone which he has a right to enforce, and it is not performed, there isno assent. Illustrations (i) A bequeaths to B his lands of Sultanpur, which at the date ofthe will, and at the death of A, were subject to a mortgage for 10,000rupees. The executor assents to the bequest, on condition that B shallwithin a limited time pay the amount due on the mortgage at thetestator's death. The amount is not paid. There is no assent. (ii) The executor assents to a bequest on condition that thelegatee shall pay him a sum of money. The payment is not made. Theassent is nevertheless valid.158