Section 352: Interest when time fixed

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 352

Section 352 governs interest on general legacies where a specific date is fixed for payment, codifying both the general rule and the crucial equitable exception for minor children of the testator.

  • General Rule on Fixed Date Bequests: Where the will specifies a future date for payment (e.g., reaching age 25 or marriage), interest commences to run only from that appointed date, not from death.
  • In Loco Parentis Exception: Where the legacy is bequeathed to a minor child of the testator or a minor to whom the testator stood in loco parentis, and no separate maintenance fund is provided, interest runs from the date of the testator's death.
  • Equitable Maintenance Principle: The exception ensures that minor dependents are not left destitute during minority while waiting for the deferred capital sum to mature.
Key Landmark Precedents:
  • In re Bowlby; Bowlby v. Bowlby [1904] 2 Ch 685: The English Court of Appeal ruled that a legacy to an infant child carries interest from death by way of maintenance, unless the testator has made other sufficient provision for the child's support.
  • Beckford v. Tobin (1749) 1 Ves Sen 308: Lord Hardwicke established that where a legacy is given by a father to a minor child payable at 21, the court allows interest from the death of the father as necessary maintenance.
Courtroom Practice & Strategic Litigation Guidance:

When representing minor orphans in testamentary claims, plead the in loco parentis exception under Section 352 to secure interest from the date of death, applying under Section 151 CPC for interim disbursals to cover education and medical costs.