Section 148: Sale and investment of proceeds of property bequeathed to two or more persons in succession

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 148

Section 148 codifies the Rule in Howe v. Earl of Dartmouth, requiring the conversion and investment of wasting or perishable property bequeathed to persons in succession.

  • Wasting or Perishable Property: Where property of a wasting, hazardous, or perishable nature (such as leaseholds, royalties, or speculative shares) is bequeathed to persons in succession, it must not be retained in form.
  • Mandatory Conversion and Investment: The property must be sold and converted into cash by the executor, and the proceeds invested in authorized trustee securities.
  • Apportionment of Income: The life-tenant receives the interest or dividends generated by the authorized investments, preserving the capital for the remainderman.
Key Landmark Precedents:
  • Howe v. Earl of Dartmouth (1802) 7 Ves 137: The classic equity ruling codified in Section 148: wasting property left to successive beneficiaries must be converted into authorized securities to ensure impartiality between life-tenant and remainderman.
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: Recognized that the statutory conversion rule under Section 148 prevents the life-tenant from consuming the capital of wasting assets at the expense of the remainderman.
Courtroom Practice & Strategic Litigation Guidance:

Executors managing an estate containing wasting assets (e.g. copyright royalties or terminable mining leases) bequeathed to a widow for life and children thereafter must convert them into government securities under Section 148 to avoid personal liability for breach of trust.