Daily Email Newsletter (Sign-up Free)

Section 152 of Indian Succession Act 1925: Ademption explained

Section 152 (Ademption explained) under Chapter XVI (Of Ademption of Legacies) of Part VI (Testamentary Succession) of the Indian Succession Act, 1925

❝If anything 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a different kind, the legacy is a deemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.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 the 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 legacy is adeemed.❞




..............................................................

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).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.