Where there is a bequest of any interest in immovable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them, as the case may be, up to the day of his death.
Illustration:
A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent at the usual time, and dies 25 days after. A's estate will make good 25 rupees in respect of the rent.
Legal Commentary & Landmark Judgments: Section 169
Section 169 regulates the exoneration of a specific legatee's immovable property for which land-revenue or rent was in arrear at the testator's death.
When taking delivery of specifically bequeathed real estate, demand that the executor produce municipal tax and utility receipts cleared up to the exact date of the testator's death; Section 169 bars the executor from shifting past tax arrears onto the legatee.