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Indian Succession Act, 1925 Chapter 15

Title: Of Demonstrative Legacies

State: Central

Year: 1925

.....of Ramnagar". (iii) A bequeaths to B "10,000 rupees out of my estate at Ramnagar", or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business". Each of these bequests is demonstrative. Section 151 - Order of payment when legacy directed to be paid out of fund the subject of specific legacy Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt 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. The debt due to A from W is only 1,500 rupees; 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.

Indian Succession Act, 1925 Section 150

Title: Demonstrative Legacy Defined

State: Central

Year: 1925

..... Illustrations (i) A bequeaths to B 1,000 rupees, being part of a debt 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. The legacy to B is specific, the legacy to C is demonstrative. (ii) A bequeaths to B "ten bushels of the corn which shall grow in my field of Green Acre": "80 chests of the indigo which shall be made at my factory of Rampur": "10,000 rupees out of my five per cent. promissory notes of the Central Government": an annuity of 500 rupees "from my funded property": "1,000 rupees out of the sum of 2,000 rupees due to me by C": an annuity, and directs it to be paid "out of the rents arising from my taluq of Ramnagar". (iii) A bequeaths to B "10,000 rupees out of my estate at Ramnagar", or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business". Each of these bequests is demonstrative.

Indian Succession Act, 1925 Section 329

Title: Right Under Demonstrative Legacy when Assets Sufficient to Pay Debts and Necessary Expenses

State: Central

Year: 1925

Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.

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 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 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".

Indian Succession Act, 1925 Section 151

Title: Order of Payment when Legacy Directed to Be Paid out of Fund the Subject of Specific Legacy

State: Central

Year: 1925

Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt 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. The debt due to A from W is only 1,500 rupees; 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.

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