September 13, 2026

Section 329 – Indian Succession Act, 1925: Right Under Demonstrative Legacy When Assets Sufficient to Pay Debts and Necessary Expenses

The Indian Succession Act, 1925 — Part IX, Chapter VII: Of the Duties of an Executor or Administrator

Section 329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses

Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted; and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.