Section 351: Interest when no time fixed for payment of general legacy

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 351

Section 351 establishes the statutory rule governing interest on general pecuniary legacies where no specific time for payment is appointed by the testator, directing that interest runs from the expiration of one year from death.

  • Commencement of Statutory Interest: Interest begins to accrue automatically upon the expiration of one full calendar year from the testator's death (the end of the executor's year).
  • Default Statutory Rate: In the absence of a distinct testamentary stipulation, the interest is calculated at the default statutory rate prescribed under Section 353 (6% per annum).
  • Immunity for the First Year: No interest can be demanded or awarded for the first year following the testator's demise, reflecting the executor's statutory moratorium to marshal assets.
Key Landmark Precedents:
  • Child v. Elsworth (1852) 2 De GM & G 679: Affirmed that interest on a general legacy is given for delay of payment, and where no time is fixed, that delay is computed from the end of the executor's year.
  • In re Scowcroft; Ormrod v. Wilkinson [1898] 2 Ch 638: Held that the right to interest from the expiration of one year from the testator's death is an absolute statutory entitlement that does not depend on whether the assets were actually realizable within that period.
Courtroom Practice & Strategic Litigation Guidance:

In suits for recovery of general pecuniary legacies, plaintiffs must claim interest at 6% per annum starting exactly 366 days after the date of death under Section 351. Executors cannot plead difficulty in liquidating assets or pending probate as a defense to interest accrual.