Section 335 of The Indian Succession Act, 1925
- (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.
Summary
- This section requires an executor who is also receiving a gift in the will to officially approve their own gift.
- The executor must approve their own legacy to complete their legal ownership of it.
- The process for approving their own gift is the exact same as approving a gift for someone else.
- The executor's approval of their own gift can be stated directly or implied by their actions.
- Taking actions that relate to being the owner of the gift, rather than the manager of the estate, counts as implied approval.
Practical examples
FAQ
1. Does an executor need to approve a gift left to them under Section 335 of The Indian Succession Act, 1925?
Yes, Section 335 of the Indian succession law states that an executor must approve their own legacy to complete their title to it.
2. How can an executor imply approval of their own gift under Section 335 of The Indian Succession Act, 1925?
Under Section 335 of the Act, if the executor handles the property as a legatee would, rather than as an estate manager, it implies they have approved the gift.
3. Under Section 335 of the 1925 Act, is the rule for an executor's own gift different from gifts to others?
No, Section 335 of the statute clarifies that the approval is required in the same way as when the gift is for another person.
Test yourself
Q1.What is required for an executor to complete the title to their own gift under Section 335 of The Indian Succession Act, 1925?
Q2.According to Section 335 of The Indian Succession Act, 1925, how is an executor's implied approval of their own gift determined?
Q3.Connecting Section 335 with Section 333 of The Indian Succession Act, 1925, can an executor verbally approve their own gift?
Q4.If an executor takes the interest from government securities given to him in the will and spends it on himself, what does Section 335 of The Indian Succession Act, 1925 say about this?