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Home Bare Acts Phrase: specific bequestIndian Succession Act, 1925 Section 160
Title: Non-ademption of Specific Bequest of Goods Described as Connected with Certain Place, by Reason of Removal
State: Central
Year: 1925
A specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. Illustrations (i) A bequeaths to B "all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death". The goods are removed from the house to save them from fire. A dies before they are brought back. (ii) A bequeaths to B "all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death". During A's absence upon a journey, the whole of the goods are removed from the house. A dies without having sanctioned their removal. Neither of these legacies is adeemed.
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 333
Title: Effect of executor's assent to specific legacy
State: Central
Year: 1925
.....from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. (ii) The interest of a fund is directed by the Will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest. (iii) A bequest is made of a fund to A and after him to B. The executor pays the interest of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor. His assent may be presumed.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 147
Title: Retention, in Form, of Specific Bequest to Several Persons in Succession
State: Central
Year: 1925
Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. Illustrations (i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B's death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest. (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C's death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 170
Title: Exoneration of specific legatee's stock in joint stock company
State: Central
Year: 1925
.....of the call. These payments must be borne by A's estate. (ii) A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in respect of each share, which sum must be paid before his title to the shares can be completed. A bequeathes these shares to B. The estate of A must make good the payments which were necessary to complete A's title. (iii) A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death a call is made in respect of the shares. B must pay the call. (iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must be borne by the legatee. (v) A is the owner often shares in a railway company. At a meeting held during his lifetime a call is made of fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first instalment. A's estate must pay the first.....
View Complete Act List Judgments citing this sectionIndian 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.
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 349
Title: Legatee's title to produce of specific legacy
State: Central
Year: 1925
The legatee of a specific legacy is entitled to the clear produce thereof, if any, from the testator's death. Exception.A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the residue of the testator's estate. Illustrations (i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn or some of the ewes produce lambs. The wool and Iambs are the property of B. (ii) A bequeaths his Government securities to B, but postpones the delivery of them till the death of C The interest which falls due between the death of A and the death of C belongs to B, and must, unless he is a minor, be paid to him as it is received. (iii) The testator bequeaths all his four percent. Government promissory notes to/1 when he shall complete the age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of them between the testator's death and A's completing 18, form part of the residue.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 163
Title: Change by operation of law of subject of specific bequest between date of will and testator's death
State: Central
Year: 1925
Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. Illustrations (i) A bequeaths to B "all the money which I have in the 5 1/2 per cent. loan of the Central Government". The securities for the 5 1/2 per cent. loan are converted during A's lifetime into 5 per cent. stock. (ii) A bequeaths to B the sum of 2,000 invested in Consolsin the names of trustees for A. The sum of 2,000 is transferred by the trustees into A's own name. (iii) A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central Government which he has power under his marriage settlement to dispose of by will. Afterwards, in A's lifetime, the fund is converted into Consols by virtue of an authority contained in the settlement. No one of these legacies has been adeemed.
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