Section 339 Succession Act: When annuity, to be paid quarterly or monthly, first falls due

Section 339 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Where there is a direction that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator's death;

and shall, if the executor or administrator thinks fit, be paid when due, but the executor or administrator shall not be bound to pay it till the end of the year.

340. Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment.-

(1) Where there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the will authorises the first payment to be made.

(2) If the annuitant dies in the interval between the times of payment, an apportioned share of the annuity shall be paid to his representative.

Legal Commentary & Landmark Judgments: Section 339

Section 339 establishes the payment schedule for annuities directed to be paid quarterly or monthly, enacting that the first payment matures at the expiration of the first quarter or month following the testator's death.

Testamentary Direction for Periodic Disbursal: Applies where the testator has expressly directed that an annuity be disbursed in fractional intervals of months or quarters rather than annually.
Accelerated First Due Date: The first payment falls due at the end of the first month or quarter immediately following the date of death, overriding the general one-year deferral rule of Section 338.
Personal Representative's Administrative Leeway: While the installment falls due at the end of the specified period, the executor cannot be sued for non-payment until the expiration of the executor's year under Section 337, though arrears accumulate.

Key Landmark Precedents:

Irvin v. Ironmonger (1831) 2 Russ & M 531: Held that where an annuity is directed to be paid monthly or quarterly, the first payment falls due at the end of the first month or quarter, reflecting the testator's clear intention for immediate periodic sustenance.
Storer v. Prestage (1818) 3 Madd 167: Affirmed that direction for quarterly payment accelerates the due date of installments, entitling the annuitant to arrears calculated from the expiration of the first quarter after death.

Courtroom Practice & Strategic Litigation Guidance:

Where an annuitant faces financial hardship during executorial administration, counsel should apply to the testamentary court for interim maintenance out of accrued monthly or quarterly installments under Section 339, demonstrating ample estate solvency.

Section 339: When annuity, to be paid quarterly or monthly, first falls due

Section 339 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 339