Section 328 of ISA : Section 328: Non-Abatement Of Specific Legacy When Assets Sufficient To Pay Debts

Explanation using Example

Imagine that Mr. Sharma, in his will, specifically leaves his antique car to his nephew, Arjun. Mr. Sharma has other assets as well, and after his passing, it is determined that these assets are more than enough to pay off all his debts and cover the necessary expenses of his estate. According to Section 328 of The Indian Succession Act, 1925, Arjun would be entitled to receive the antique car in full, without any reduction in value or claim against it to satisfy Mr. Sharma's debts or expenses, since there are sufficient other assets to cover those.