Section 353: Rate of interest

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 353

Section 353 prescribes the statutory benchmark rate of interest on testamentary legacies, capping the default statutory entitlement at six per cent per annum unless varied by the testator.

  • Statutory Rate of Six Per Cent: The fixed statutory rate applicable to all delayed legacies, annuities in arrear, or refund claims under the Act is six per cent (6%) per annum.
  • Overriding Testamentary Autonomy: The testator may expressly stipulate a higher or lower rate of interest in the will, which supersedes the default statutory rate.
  • Distinction from Commercial Interest: The statutory rate under Section 353 operates independently of the discretionary commercial interest provisions of Section 34 of the Code of Civil Procedure.
Key Landmark Precedents:
  • Wood v. Penoyre (1807) 13 Ves 325: Held that the statutory rate of interest on legacies is fixed by law to avoid fluctuating market assessments during executorial accounting.
  • Chhotey Lal v. Ram Chandra, AIR 1944 All 210: The Allahabad High Court held that in a testamentary suit for recovery of a legacy, the court has no jurisdiction to enhance the interest rate beyond 6% per annum in the absence of a higher rate stipulated in the will.
Courtroom Practice & Strategic Litigation Guidance:

Testamentary draftsmen should specify floating or bank-linked interest rates in wills if protection against high inflation is desired. In litigation, calculate legacy arrears strictly at 6% under Section 353 to ensure decree compliance without risk of appellate modification.