The legatee of a specific legacy is entitled to the clear produce thereof. if any, from the testator's death.
Exception.-A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator and the vesting of the legacy.
The clear produce of it forms part of the residue of the testator's estate.
Illustrations:
(i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn or some of the ewes produce lambs. The wool and lambs are the property of B.
(ii) A bequeaths his Government securities to B, but postpones the delivery of them till the death of C. The interest which falls due between the death of A and the death of C belongs to B, and must, unless he is a minor, be paid to him as it is received.
(iii) The testator bequeaths all his four per cent. Government promissory notes to A when he shall complete the age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of them between the testator's death and A's completing 18, form part of the residue.
Legal Commentary & Landmark Judgments: Section 349
Section 349 confers upon a specific legatee absolute title to the intermediate produce, profits, rents, and accretions generated by the specific bequest from the moment of the testator's death.
When claiming delivery of specific shares, immovable properties, or fixed deposits, include a distinct prayer for an account of mesne profits and dividends accrued since death under Section 349, backed by an application for discovery under Order XI CPC.