Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 174 of Indian Succession Act: Testamentary & Estate Administration Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
A person who does not elect takes no benefit under the Will or other instrument, and shall restore any property received by him thereunder to the person who would have been entitled thereto if the testator or donor had not attempted to dispose of it.
Section 174 defines the period of commencement and payment intervals where an annuity is created by will.
Commencement at Death: Where an annuity is created by will, it begins to run from the date of the testator's death, and the first payment becomes due at the end of one year from that date.
Monthly or Quarterly Directives: Where the will directs the annuity to be paid monthly or quarterly, the first payment is due at the end of the first month or quarter after death.
Statutory Interest on Arrears: If the executor delays paying the annuity beyond the statutory due dates, the annuitant is entitled to statutory interest under Section 353.
Key Landmark Precedents:
F.S. Gandhi v. Commissioner of Wealth Tax (1990) 3 SCC 624: The Supreme Court recognized that the statutory schedule under Section 174 fixes the legal accrual of annuity entitlements from the exact moment of the testator's death.
Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: Affirmed that annuity installments are debts of the estate due at the statutory intervals fixed by Section 174.
Courtroom Practice & Strategic Litigation Guidance:
In probate administration, executors cannot withhold annuity payments pending final distribution of the estate; under Section 174, the first annual tranche is due exactly 365 days after death, and annuitants can claim interest on delayed payments.
Legal Commentary & Landmark Judgments: Section 174
Section 174 defines the period of commencement and payment intervals where an annuity is created by will.
In probate administration, executors cannot withhold annuity payments pending final distribution of the estate; under Section 174, the first annual tranche is due exactly 365 days after death, and annuitants can claim interest on delayed payments.