Indian Succession Act,1925
Act No : 39
Section :
Non-liability of executor to exonerate specific legatees.
167. Non-liability of executor to exonerate specific legatees.-(1) Where property specifically bequeathed is subject at the death ofthe testator to any pledge, lien or incumbrance created by thetestator himself or by any person under whom he claims, then, unless acontrary intention appears by the will, the legatee, if he accepts thebequest, shall accept it subject to such pledge or incumbrance, andshall (as between himself and the testator's estate) be liable to makegood the amount of such pledge or incumbrance. (2) A contrary intention shall not be inferred from any directionwhich the will may contain for the payment of the testator's debtsgenerally. Explanation.--A periodical payment in the nature of land-revenueor in the nature of rent is not such an incumbrance as is contemplatedby this section. Illustrations (i) A bequeaths to B the diamond ring given him by C. At A'sdeath the ring is held in pawn by D to whom it has been pledged by A.It is the duty of A's executors, if the state of the testator's assetswill allow them, to allow B to redeem the ring. (ii) A bequeaths to B a zamindari which at A's death is subjectto a mortgage for 10,000 rupees; and the whole of the principal sum,together with interest to the amount of 1,000 rupees, is due at A'sdeath. B, if he accepts the bequest, accepts it subject to thischarge, and is liable, as between himself and A's estate, to pay thesum of 11,000 rupees thus due.
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