Section 348: Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 348

Section 348 establishes the mandatory procedure when a minor is entitled to immediate payment or possession of a bequest and the will contains no direction appointing a trustee or authorizing payment to a person on the minor's behalf.

  • Minority of Beneficiary: Applies where a legacy falls due immediately to a minor who lacks legal capacity to give a valid receipt or discharge under contract law.
  • Absence of Testamentary Trustee: The testator omitted to appoint a testamentary guardian or trustee with authority to receive funds on behalf of the minor.
  • Compulsory Court Deposit or Trust Investment: The executor is strictly prohibited from delivering the bequest to the minor or unauthorized relatives; the fund must be paid to the legal guardian, invested under court directions, or deposited in the District Court under the Guardians and Wards Act, 1890.
Key Landmark Precedents:
  • McCulloch v. Gregory (1855) 1 K & J 286: Held that an executor cannot pay a legacy to a minor or the minor's father without judicial sanction, and if he does, he remains liable to repay the legacy to the minor upon attaining majority.
  • In re Deneker; Peters v. Banchereau [1895] WN 28: Affirmed that the only safe course for an executor holding funds for a minor without a trustee is to pay the fund into court under the statutory trust provisions.
Courtroom Practice & Strategic Litigation Guidance:

Executors must never pay a minor's legacy to parents or informal guardians without a formal guardianship order under the Guardians and Wards Act, 1890. Deposit the funds in the District Court or invest in a Nationalized Bank fixed deposit in the minor's name under Section 348.