September 12, 2026

Section 330 – Indian Succession Act, 1925: Rateable Abatement of Specific Legacies

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

Section 330. Rateable abatement of specific legacies

If the assets are not sufficient to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.

Illustration. A has bequeathed to B a diamond ring valued at 500 rupees, and to C a horse, valued at 1,000 rupees. It is found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 rupees. Of this sum rupees 333-5-4 are to be paid to B, and rupees 666-10-8 to C.