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Home Bare Acts Phrase: bequeathIndian Succession Act, 1925 Section 157
Title: Order of Payment Where Portion of Fund Specifically Bequeathed to One Legatee, and Legacy Charged on Same Fund to Another, and Testator Having Received Portion of That Fund, Remainder Insufficient to Pay Both Legacies
State: Central
Year: 1925
.....extent in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1 [500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. ______________________ 1. Substituted by Act 10 of 1927, section 2 and Schedule I, for "5,000".
View Complete Act List Judgments citing this sectionIndian 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.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 168
Title: Completion of testator's title to things bequeathed to be at cost of his estate
State: Central
Year: 1925
Where anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of the testator's estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A's assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A's assets.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 146
Title: When Enumerated Articles Not Deemed Specifically Bequeathed
State: Central
Year: 1925
Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 148
Title: Sale and Investment of Proceeds of Property Bequeathed to Two or More Persons in Succession
State: Central
Year: 1925
Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Illustration A, having a lease for a term of years, bequeaths all his property to B for life, and, after B's death to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to B for life. At B's death the capital of the fund is to be paid to C.
View Complete Act List Judgments citing this sectionINDIAN 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.
View Complete Act List Judgments citing this sectionINDIAN 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.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 158
Title: Ademption where stock, specifically bequeathed, does not exist at testator's death
State: Central
Year: 1925
Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed. Illustration A bequeaths to B "my capital stock of 1,000l. in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan". A sells the stock and the notes. The legacies are adeemed.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 159
Title: Ademption pro tanto where stock specifically bequeathed, exists in part only at testator's death
State: Central
Year: 1925
Where stock which has been specifically bequeathed exists only in part at the testator's death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. Illustration A bequeaths to B his 10,000 rupees in the 5 1/2 per cent. loan of the Central Government. A sells one-half of his 10,000 rupees in the loan in question. One-half of the legacy is adeemed.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 162
Title: When Thing Bequeathed is a Valuable to Be Received by Testator from Third Person; and Testator Himself, or His Representative, Receives It
State: Central
Year: 1925
Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from the third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption, but if he mixes it up with the general mass of his property, the legacy is adeemed; Illustration A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed.
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