Diamond - State Central - Year 1925 - Bare Acts

Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of ministers of religion; for the formation or support of a public garden; All these bequests are void. _____________________ 1. Added by Act 51 of 1991, section 6. INDIAN SUCCESSION ACT, 1925Chapter 8 - OF THE VESTING OF LEGACIES Section 119 - Date of vesting of legacy when payment or possession postponed Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives,.....

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Indian Succession Act, 1925 Chapter 6

Title: Of the Construction of Wills

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.....

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Indian Succession Act, 1925 Section 101

Title: Rules of Construction Where Will Purports to Make Two Bequests to Same Person

State: Central

Year: 1925

.....intended to make the second bequest instead of or in addition to the first; if there is nothing in the Will to show what he intended, the following rules shall have effect in determining the construction to be put upon the Will: (a) If the same specific thing is bequeathed twice to the same legatee in the same Will or in the Will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same Will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same Will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation: In clauses (a) to (d) of this section, the word "Will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his Will, which contains.....

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Indian Succession Act, 1925 Chapter 14

Title: Of Specific Legacies

State: Central

Year: 1925

.....C": "the money due to me on the bond of D": "my mortgage on the Rampur factory": "one-half of the money owing to me on my mortgage of Rampur factory": "1,000 rupees, being part of debt due to me from C": "my capital stock of 1,000 in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan": "all such sums of money as my executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company": "all the wine which I may have in my cellar at the time of my death": "such of my horses as B may select": "all my shares in the Imperial Bank of India": "all my shares in the Imperial Bank of India which I may possess at the time of my death": "all the money which I have in the 5 1/2 per cent. loan of the Central Government": "all the Government securities I shall be entitled to at the time of my decease". Each of these legacies is specific. (ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors "Government promissory notes for 10,000 rupees in trust to sell" for the benefit of B. The legacy is specific. (iii) A, having property.....

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Indian Succession Act, 1925 Section 142

Title: Specific Legacy Defined

State: Central

Year: 1925

.....C": "the money due to me on the bond of D": "my mortgage on the Rampur factory": "one-half of the money owing to me on my mortgage of Rampur factory": "1,000 rupees, being part of debt due to me from C": "my capital stock of 1,000 in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan": "all such sums of money as my executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company": "all the wine which I may have in my cellar at the time of my death": "such of my horses as B may select": "all my shares in the Imperial Bank of India": "all my shares in the Imperial Bank of India which I may possess at the time of my death": "all the money which I have in the 5 1/2 per cent. loan of the Central Government": "all the Government securities I shall be entitled to at the time of my decease". Each of these legacies is specific. (ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors "Government promissory notes for 10,000 rupees in trust to sell" for the benefit of B. The legacy is specific. (iii) A, having property.....

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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

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Indian Succession Act, 1925 Chapter 17

Title: Of the Payment of Liabilities in Respect of the Subject of a Bequest

State: Central

Year: 1925

.....B, if he accepts the bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 rupees thus due. Section 168 - Completion of testator's title to things bequeathed to be at cost of his estate 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. Section 169 - Exoneration of legatee's immovable property for which land-revenue or rent payable periodically Where there is a bequest of any interest in immoveable property in respect of which payment in the nature of.....

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Indian Succession Act, 1925 Section 167

Title: Non-liability of Executor to Exonerate Specific Legatees

State: Central

Year: 1925

.....to make good the amount of such pledge or incumbrance. (2) A contrary intention shall not be inferred from any direction which the Will may contain for the payment of the testator's debts generally. Explanation.A periodical payment in the nature of land-revenue or in the nature of rent is not such an incumbrance as is contemplated by this section. Illustrations (i) A bequeaths to B the diamond ring given him by C. At A's death the ring is held in pawn by D to whom it has been pledged by A. It is the duty of A's executor, if the state of the testator's assets Will allow them, to allow B to redeem the ring. (ii) A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 rupees thus due.

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Indian Succession Act, 1925 Chapter 18

Title: Of Bequests of Things Described in General Terms

State: Central

Year: 1925

If there is a bequest of something described in general terms the executor must purchase for the legatee what may reasonably be considered to answer the description. Illustrations (i) A bequesths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets Will allow it. (ii) A bequeaths to B "my pair of carriage-horses". A had no carriage-horses at the time of his death. The legacy fails.

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Indian Succession Act, 1925 Section 171

Title: Bequest of Thing Described in General Terms

State: Central

Year: 1925

If there is a bequest of something described in general terms the executor must purchase for the legatee what may reasonably be considered to answer the description. Illustrations (i) A bequesths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets Will allow it. (ii) A bequeaths to B "my pair of carriage-horses". A had no carriage-horses at the time of his death. The legacy fails.

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