Succession Act, 1925 — Section 168: Completion of testator’s title to things bequeathed to be at cost of his estate

168. Completion of testator’s title to things bequeathed to be at cost of his estate. Where anything is to be done to complete the testator’s title to the thing bequeathed, it is to be done at the cost of the testator’s estate. Illustrations

(i)A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A’s assets.

(ii)A, having contracted for the purchase of a piece of land for a certain sum of money, one- half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase- money. One- half of the purchase-money must be paid out of A’s assets. 169. Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically. Where there is a bequest of any interest in immovable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them, as the case may be, up to the day of his death. Illustration A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent at the usual time, and dies 25 days after. A’s estate will make good 25 rupees in respect of the rent.