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Section 114: Conditional assent.

The Probate and Administration Act, 1977 (1920 A.d.)Union territory Act of Jammu and Kashmir · Act 29 of 1977

The assent of an executor to a legacy may be conditional, and if the condition be one which he has a right to enforce, and it is not performed, there is no assent.

Illustrations

(a) A bequeaths to B his lands of Sultanpur, which at the date of the will and at the death of A, were subject to a mortgage for 10,000 rupees. The executor assents to the bequest on condition that B shall within a limited time pay the amount due on the mortgage at the testator’s death. The amount is not paid. There is no assent.

(b) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid.

Where this provision sits

ActThe Probate and Administration Act, 1977 (1920 A.d.)
Section114
Marginal noteConditional assent.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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