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    <title>1999 (3) TMI 667 - Supreme Court</title>
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    <description>Property bequeathed under a will vests in all executors jointly, and title passes to a legatee only on assent by the executors, whether express or implied. A unilateral act by one executor does not amount to valid assent where another executor has not joined, because one executor cannot represent the estate to the exclusion of the other. On the stated facts, the will had not been probated or proved by the elder executor at the relevant time, so the one-executor exception did not apply. The executors therefore retained authority to sell privately, the private sale was valid, and the court auction purchaser acquired no right, title or interest.</description>
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    <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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      <title>1999 (3) TMI 667 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=297758</link>
      <description>Property bequeathed under a will vests in all executors jointly, and title passes to a legatee only on assent by the executors, whether express or implied. A unilateral act by one executor does not amount to valid assent where another executor has not joined, because one executor cannot represent the estate to the exclusion of the other. On the stated facts, the will had not been probated or proved by the elder executor at the relevant time, so the one-executor exception did not apply. The executors therefore retained authority to sell privately, the private sale was valid, and the court auction purchaser acquired no right, title or interest.</description>
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      <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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