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Indian Succession Act, 1925 Chapter 16

Title: Of Ademption of Legacies

State: Central

Year: 1925

..... "the debt which C owes me": "2,000 rupees which I have in the hands of D": "the money due to me on the bond of E": "my mortgage on the Rampur factory". All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed. Section 155 - Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received, Illustration A bequeaths to B "the debt due to me by C'. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A. Section 156 - Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or.....

INDIAN SUCCESSION ACT, 1925 Section 155

Title: Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed

State: Central

Year: 1925

The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received, Illustration A bequeaths to B "the debt due to me by C'. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A.

Indian Succession Act, 1925 Section 161

Title: When Removal of Thing Bequeathed Does Not Constitute Ademption

State: Central

Year: 1925

The removal of the thing bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath. Illustrations A bequeaths to B "all the bills, bonds and other securities for money belonging to me now lying in my lodgings in Calcutta". At the time of his death these effects had been removed from his lodgings in Calcutta. (ii) A bequeaths to B all his furniture then in his house in Calcutta. The testator has a house at Calcutta and another at Chinsurah, in which he lives alternately, being possessed of one set of furniture only which he removes with himself to each house. At the time of his death the furniture is in the house at Chinsurah. (iii) A bequeaths to B all his goods on board a certain ship then lying in the river Hughli. The goods are removed by A's directions to a warehouse, in which they remain at the time of A's death. No one of these legacies is revoked by ademption.

INDIAN SUCCESSION ACT, 1925 Section 156

Title: Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed

State: Central

Year: 1925

If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. Illustration A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest.

Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....

Indian Succession Act, 1925 Complete Act

Title: Indian Succession Act, 1925

State: Central

Year: 1925

..... Section383 - Revocation of certificate Section384 - Appeal Section385 - Effect on certificate of previous certificate, probate or letters of administration Section386 - Validation of certain payments made in good faith to holder of invalid certificate Section387 - Effect of decisions under this Act, and liability of holder of certificate thereunder Section388 - Investiture of inferior courts with jurisdiction of District Court for purposes of this Act Section389 - Surrender of superseded and invalid certificates Section390 - Provisions with respect to certificates under Bombay Regulation VIII of 1827 Part 11 Section391 - Saving Section392 - Repeals Schedule1 - SCHEDULE 1 Schedule2 - SCHEDULE 2 Schedule3 - SCHEDULE 3 Schedule4 - SCHEDULE 4 Schedule5 - SCHEDULE 5 Schedule6 - SCHEDULE 6 Schedule7 - SCHEDULE 7 Schedule8 - SCHEDULE 8 Schedule9 - SCHEDULE 9

Indian Succession Act, 1925 Section 152

Title: Ademption Explained

State: Central

Year: 1925

If any thing which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will. Illustrations (i) A bequeaths to B "the diamond ring presented to me by C": "my gold chain": "a certain bale of wool": "a certain piece of cloth": "all my household goods which shall be in or about my dwelling-house in M. Street in Calcutta, at the time of my death". A in his life-time, sells or gives away the ring: converts the chain into a cup; converts the wool into cloth: makes the cloth into a garment: takes another house into which he removes all his goods. Each of these legacies is adeemed. (ii) A bequeaths to B "the sum of 1,000 rupees, in a certain chest": "all my horses in my stable". At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed. (iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The

Indian Succession Act, 1925 Section 153

Title: Non-ademption of Demonstrative Legacy

State: Central

Year: 1925

A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator.

Indian Succession Act, 1925 Section 154

Title: Ademption of Specific Bequest of Right to Receive Something from Third Party

State: Central

Year: 1925

Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. Illustrations (i) A bequeaths to B "the debt which C owes me": "2,000 rupees which I have in the hands of D": "the money due to me on the bond of E": "my mortgage on the Rampur factory". All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed.