Section 332: Assent necessary to complete legatee's title
Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Indian Succession Act • Official Statutory Text & Practice Guide
Legal Commentary & Landmark Judgments: Section 332
Section 332 establishes the cardinal doctrine of executor's assent, enacting that the assent of the executor or administrator is necessary to complete a legatee's title to his legacy.
Therefore, the assent of the executor is necessary to complete a legatee's title to his legacy.
Until the executor gives his assent, the legatee holds only an inchoate equitable right. The legatee cannot alienate, mortgage, or maintain a suit for possession of the bequeathed asset against third parties without the executor's assent. The rationale is to protect estate creditors: the executor must first ascertain whether the property is required to satisfy estate debts before releasing it to the legatee.
Section 332 is a major trap in property conveyancing. When buying property from a legatee under a probated will, purchasers must verify whether the executor executed a formal deed of assent or handed over possession with clear assent. Under Section 332, without the executor's assent, the legatee's title is incomplete, and any conveyance executed by the legatee alone is legally vulnerable.