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Section 142 of Indian Succession Act 1925: Specific Legacy Defined

Section 142 (Specific legacy defined) under Chapter XIV (Of Specific Legacies) of Part VI (Testamentary Succession) of the Indian Succession Act, 1925

❝Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific.

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 time of my death”:
    “the sum of 1,000 rupees in a certain chest”:
    “the debt which B owes me”:
    “all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta”:
    “all my furniture in my house in Calcutta”:
    “all my goods on board a certain ship now lying in the river Hughli”:
    “2,000 rupees which I have in the hands of 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 a debt due to me from C”:
    “my capital stock of 1,0001 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 51/2 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 at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific.

 (iv) A bequeaths to B—
    his house in Calcutta:
    his zamindari of Rampur:
    his taluq of Ramnagar:
    his lease of the indigo-factory of Salkya:
    an annuity of 500 rupees out of the rents of his zamindari of W.

A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B.

    Each of these bequests is specific.

 (v) A by his will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific.

 (vi) A bequeaths a sum of money—
       to buy a house in Calcutta for B:
       to buy an estate in zila Faridpur for B:
       to buy a diamond ring for B:
       to buy a horse for B:
       to be invested in shares in the Imperial Bank of India for B:
       to be invested in Government securities for B.

A bequeaths to B—
    “a diamond ring”:
    “a horse”:
    “10,000 rupees worth of Government securities”:
    “an annuity of 500 rupees”:
    “2,000 rupees to be paid in cash”:
    “so much money as will produce 5,000 rupees four per cent. Government securities.”

These bequests are not specific.

 (vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. No one of these legacies is specific.❞




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Notes:

The Indian Succession Act, 1925 was amended by from time to time by:
- the Indian Succession (Amendment) Act, 1926 (37 of 1926);
- the Indian Succession (Second Amendment) Act, 1926 (40 of 1926);
- the Repealing and Amending Act, 1927 (10 of 1927);
- the Repealing Act, 1927 (12 of 1927);
- the Indian Succession (Amendment) Act, 1927 (18 of 1927);
- the Indian Succession (Amendment) Act, 1928 (14 of 1928);
- the Indian Succession (Amendment) Act, 1929 (18 of 1929);
- the Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929);
- the Indian Succession (Amendment) Act, 1931 (17 of 1931);
- the Amending Act, 1934 (35 of 1934);
- the Government of India (Adaptation of Indian Laws) Order, 1937;
- the Repealing Act, 1938 (1 of 1938);
- the Indian Succession (Amendment) Act, 1939 (17 of 1939);
- the Berar Laws Act, 1941 (4 of 1941);
- the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
- the Indian Succession (Amendment) Act, 1949 (35 of 1949);
- the Adaptation of Laws Order, 1950;
- the Part B States (Laws) Act, 1951 (3 of 1951);
- the Repealing and Amending Act, 1952 (48 of 1952);
- the Repealing and Amending Act, 1953 (42 of 1953);
- the Union Territories (Laws) Amendment Act, 1956 (68 of 1956);
- the Indian Succession (Amendment) Act, 1957 (34 of 1957);
- the Indian Succession (Amendment) Act, 1962 (16 of 1962);
- the Repealing and Amending Act, 1964 (52 of 1964);
- the Delegated Legislation Provisions (Amendment) Act, 1983 (20 of 1983);
- the Indian Succession (Amendment) Act, 1991 (51 of 1991);
- the Repealing and Amending Act, 2001 (30 of 2001);
- the Indian Succession (Amendment) Act, 2002 (26 of 2002).

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