LawgistThe Indian Succession Act
330Rateable abatement of specific legacies
If the assets are not sufficent to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.
Illustrations
A has bequeathed to B a diamond ring valued at 500 rupees, and to C a horse, valued at 1,000 rupees. It. is found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 rupees. Of this sum rupees 333-5-4 are to be paid to B, and rupees 666-10-8 to C.
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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
