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Start Free TrialIndian Succession Act, 1925 Chapter 12
Title: Of Bequests with Directions as to Application or Enjoyment
State: Central
Year: 1925
.....residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so. Section 139 - Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 117
Title: Effect of Direction for Accumulation
State: Central
Year: 1925
.....the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not effect any direction for accumulation for the purpose of- (i) the payment of the debts of the testator or any other person taking any interest under the Will, or (ii) the provision of portions for children or remoter issue of the testator or of any other person taking any interest under the Will, or (iii) the preservation or maintenance of any property bequeathed, and such direction may be made accordingly.] ______________________ 1. Substituted by Act 21 of 1929, section 14, for the original section.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 139
Title: Direction That Mode of Enjoyment of Absolute Bequest is to Be Restricted, to Secure Specified Benefit for Legatee
State: Central
Year: 1925
Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 174
Title: Period of Vesting Where Will Directs That Annuity Be Provided out of Proceeds of Property, or out of Property Generally, or Where Money Bequeathed to Be Invested in Purchase of Annuity
State: Central
Year: 1925
Where the Will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for any person, on the testator's death, the legacy vests in interest in the legatee, and he is entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the Will. Illustrations (i) A by his Will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B. B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum as Will be sufficient for the purchase of such an annuity. (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shall be laid out in the purchase of an annuity for C. B and C survive the testator. C dies in B's lifetime. On B's death the fund belongs to the representative of C.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 138
Title: Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person
State: Central
Year: 1925
Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 206
Title: Bar to Enforcement of Part Against Public Settlement or Legal Directions by Deceased
State: Central
Year: 1925
Nothing in this Part shall be deemed to authorise the contravention of any public act of settlement or of any legal directions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 348
Title: Procedure Where Minor Entitled to Immediate Payment or Possession of Bequest, and No Direction to Pay to Person on His Behalf
State: Central
Year: 1925
(1) Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no direction in the Will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was or letters of administration with the Will annexed were, granted, to the account of the legatee, unless the legatee is a ward of the Court of Wards. (2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his account. (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct.
View Complete Act List Judgments citing this sectionIndian 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.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 302
Title: Directions to Executor or Administrator
State: Central
Year: 1925
Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 340
Title: Dates of Successive Payments when First Payment Directed to Be Made Within a Given Time or on Day Certain: Death of Annuitant Before Date of Payment
State: Central
Year: 1925
(1) Where there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the Will authorises the first payment to be made. (2) If the annuitant dies in the interval between the times of payment, an apportioned share of the annuity shall be paid to his representative.
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