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Section 344: Transfer to residuary legatee of contingent bequest

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 343 All 391 Sections of Indian Succession Act Section 345

Legal Commentary & Landmark Judgments: Section 344

Section 344 allows the transfer of a contingent bequest to the residuary legatee prior to the happening of the contingency, provided the residuary legatee furnishes adequate security to the satisfaction of the court.

  • Contingent Testamentary Bequest: Applies where a legacy is bequeathed on a contingency which may or may not occur, leaving the beneficial title unresolved in the interim.
  • Interim Entitlement of Residuary Legatee: The residuary legatee is entitled to possession and intermediate income of the fund until the contingency happens, preventing estate paralysis.
  • Mandatory Furnishing of Security: To safeguard the contingent legatee, the residuary legatee must provide solvent security to restore the fund intact upon the happening of the contingent event.
Key Landmark Precedents:
  • Webber v. Webber (1823) 1 Sim & St 311: Held that where a legacy is contingent, the court will not detain the general residue in court, but will pay it to the residuary legatee upon their entering into recognizance to secure the contingent bequest.
  • King v. Malcott (1852) 9 Hare 692: Established that an executor cannot retain estate assets against a contingent future liability if the residuary beneficiary tenders adequate judicial security.
Courtroom Practice & Strategic Litigation Guidance:

Counsel representing residuary legatees facing indefinite delays due to remote testamentary contingencies should petition the District Judge under Section 344 offering immovable property security, thereby obtaining immediate possession of the corpus.

Section 343 All 391 Sections of Indian Succession Act Section 345