The Indian Succession Act
327Abatement of general legacies
If the assets, after payment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the executor has no right to pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is a trustee.
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CHAPTER VII.--Of the Duties of an Executor or Administrator
- 316 As to deceased’s funeral
- 317 Inventory and account
- 318 Inventory to include property in any part of India in certain cases
- 319 As to property of, and debts owing to, deceased
- 320 Expenses to be paid before all debts
- 321 Expenses to be paid next after such expenses
- 322 Wages for certain services to be next paid, and then other debts
- 323 Save as aforesaid, all debts to be paid equally and rateably
- 324 Application of moveable property to payment of debts where domicile not in India
- 325 Debts to be paid before legacies
- 326 Executor or administrator not bound to pay legacies without indemnity
- 327 Abatement of general legacies
- 328 Non-abatement of specific legacy when assets sufficient to pay debts
- 329 Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
- 330 Rateable abatement of specific legacies
- 331 Legacies treated as general for purpose of abatement