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, nor to retain any money on account of a legacy to himself or to any person for whom he is a trustee.
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, nor 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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Next · Section 108Not-abatement of specific legacy when assets sufficient to pay debts. →All sections / सभी धाराएँTHE PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.) →
More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Application.Section 3 · Interpretation clause.Section 4 · Character and property of executor or administrator as suchSection 5 · Administration with copy annexed of authenticated copy of will proved abroad.Section 6 · Probate only to appointed executor.Section 7 · Appointment, express or implied.Section 8 · Persons to whom probate cannot be grantedIndia Code, Government of India. Text fetched 16 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.