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Indian Succession Act,1925

Act No : 39


Section : Legatee's title to produce of specific legacy.

349. Legatee's title to produce of specific legacy.-The legateeof a specific legacy is entitled to the clear produce thereof, if any,from the testator's death. Exception.--A specific bequest, contingent in its terms, does notcomprise the produce of the legacy between the death of the testatorand the vesting of the legacy. The clear produce of it forms part ofthe residue of the testator's estate. Illustrations (i) A bequeaths his flock of sheep to B. Between the death of Aand delivery by his executor the sheep are shorn or some of the ewesproduce lambs. The wool and lambs are the property of B. (ii) A bequeaths his Government securities to B, but postponesthe delivery of them till the death of C. The interest which falls duebetween the death of A and the death of C belongs to B, and must,unless he is a minor, be paid to him as it is received. (iii) The testator bequeaths all his four per cent. Governmentpromissory notes to A when he shall complete the age of 18. A, if hecompletes that age, is entitled to receive the notes, but the interestwhich accuse in respect of them between the testator's death and A'scompleting 18, form part of the residue.


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