Section 334: Conditional assent

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 334

Section 334 validates conditional assent by an executor, providing that an assent subject to a precedent condition remains suspended until performance, and if the condition is not fulfilled, the assent is entirely void.

  • Permissibility of Lawful Conditions: An executor may qualify their assent by imposing reasonable administrative conditions, such as the legatee discharging an encumbrance, paying estate duties, or contributing to testamentary expenses.
  • Suspensive Operation: Where assent is made conditional upon an event, legal title does not pass to the legatee until the happening of the stipulated event or performance of the condition.
  • Nullity on Non-Performance: Failure to satisfy the condition preserves the legal estate in the executor, disabling the legatee from claiming possession or transferring title to third parties.
Key Landmark Precedents:
  • Elliott v. Elliott (1841) 9 M & W 23: Established that an executor may annex a condition to their assent, and if the legatee fails to perform the condition, no legal property passes out of the personal representative.
  • Babu Lal v. Ram Sahai, AIR 1938 All 523: Held that where an executor assented to a bequest of tenancy rights conditional on the legatee clearing municipal arrears, non-payment rendered the assent abortive and the executor retained control.
Courtroom Practice & Strategic Litigation Guidance:

Executors seeking to protect the estate against unexpected claims should issue written, conditional assent notices stipulating indemnification or clearance of specified charges. Litigants purchasing property from specific legatees must conduct due diligence to verify that any conditional assent has been fully consummated.