An executor's powers to dispose of property are restricted if the testator has imposed such restrictions in the will, and a transferee who has made sufficient enquiry to put him on notice of a breach of trust cannot rely on the unrestricted powers of the executor under Section 307 (1) of the Succession Act.

( 1 ) NAGENDRA Nath Banerjee died in 1939 leaving a will, dated 1-2-1931. He died without any issue and appointed his widow Umasasi as executrix. On 31-8-1944, Umasasi conveyed the property in suit to defendant No. 2 Tincowri Pramanik for a consideration of Rs. 24000/- purporting to pay herself the alleged dues of over Rs. 14000/ from her husband and for other debts incurred by her. The plaintiff Narayan Chandra claimed that Umasasi had got only a widow's estate under the will and she had no right or authority to dispose Of the property and that even if the same had been effected in her capacity as executrix, it was a collusive one and without any consideration. The plaintiff claimed to have a reversionary interest under the will. He accordingly prayed for a declaration that the will (alienation?) was invalid and did not bind the plaintiff or the estate of the testator,

( 2 ) THE principal defence was by the transferee Tincowri, defendant No. 2. It was contended 'inter alia' by him that the testator had left liabilities and the executrix had conveyed the property in due course of administration and that she had not assented to the legacies in respect of the property in suit. The allegations made in the plaint either about collusion or absence of legal necessity or want of consideration were denied. Defendant No. 1 Umasasi filed a written statement, supporting her action and the title which she had created in favour of defendant No. 1.

( 3 ) THE learned Subordinaee Judge decreed the plaintiff's suit holding 'inter alia' that the sale by the executrix would enure for her life time only and was not binding either upon the plaintiff or upon the estate of the testator. Defendant No. 2 has appealed to this Court.

( 4 ) ON behalf of the appellant, it has been contended by Mr. Gupta that under Section 307, Succession Act, a transfer by the executrix would be valid and binding on the estate, she having full and complete authority to dispose of the property and only if there were specific restrictions in the will, the executrix would not have such wide powers. In the present case it was contended that there was no such restrictive clause and the transferee had no duty to enquire outside the will and even if an enquiry had actually been made, such action would not in any way impose upon the transferee responsibilities which did not otherwise rest on him.

( 5 ) THE first part of the proposition is not contested by Mr. Sen Gupta appearing on behalf of the respondent. It is, however, contended that under the will left by Nagendra the executrix had not been given full and unrestricted authority to dispose of the properties. In view of such restrictions, title would not pass in favour of the transferee unless the previous sanction of the probate Court had been obtained. In the present case, the transfer was a voidable one. It is further urged that an enquiry had actually been made by the solicitor on behalf of defendant No. 2, and it was disclosed during such enquiry what the real state of affairs was. That the estate was not liable for the alleged debts claimed by the widow personally was clear and apparent to the enquiring solicitor. The transferee has not further produced such materials as he had collected during the enquiry. There was no justifying reason to support the transfer made. Mr. Sen Gupta further contended that the alleged transfer was without any consideration and was a collusive one.

( 6 ) WE proceed to consider in the first place the provisions contained in the will, dated February 1, 1931, left by Nagendra Nath Banerjee.

( 7 ) THE testator cancels and revokes an earlier will and proceeds to give detailed descriptions of his relations indicating the grounds why he is not making any provisions for some of them while providing for others.

( 8 ) AFTER making lump sum provisions for a maternal aunt and the widow of the spiritual guide, reference is made in Clause 4 of the will that Rs. 14000/- lent in t