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

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 328 All 391 Sections of Indian Succession Act Section 330

Legal Commentary & Landmark Judgments: Section 329

Section 329 regulates the abatement of specific legacies among themselves where the general estate is exhausted and debts must be satisfied.

  • Abatement Among Specific Legatees: Where the assets of the estate are insufficient to pay debts after completely exhausting general legacies, specific legacies abate rateably among themselves.
  • Proportional Asset Contribution: Each specific legatee must contribute a proportionate monetary sum or surrender a proportional part of his asset to satisfy the surviving debts.
  • Equal Burden for Same Class: Ensures that one specific legatee does not lose his entire property while other specific legatees take their gifts unencumbered.
Key Landmark Precedents:
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: The Supreme Court analyzed Section 329, holding that when an estate is so insolvent that specific gifts must be tapped, all specific devisees contribute pro-rata to preserve equity.
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: Affirmed that specific legacies rank equally among themselves in bearing the residual burden of unsatisfied estate debts under Section 329.
Courtroom Practice & Strategic Litigation Guidance:

If surviving debts require selling specifically bequeathed properties, compute the appraised market value of each specific gift; under Section 329, each specific legatee must contribute proportionally to clear the debt, or the properties are sold and surplus proceeds distributed pro-rata.

Section 328 All 391 Sections of Indian Succession Act Section 330