LawgistThe Indian Succession Act
156Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed
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.
Download our fully-offline, High speed android app.- Click here
CHAPTER XVI.--Of Ademption of Legacies
- 152 Ademption explained
- 153 Non-ademption of demonstrative legacy
- 154 Ademption of specific bequest of right to receive something from third party
- 155 Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed
- 156 Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed
- 157 Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies
- 158 Ademption where stock, specifically bequeathed, does not exist at testator’s death
- 159 Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death
- 160 Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
- 161 When removal of thing bequeathed does not constitute ademption
- 162 When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
- 163 Change by operation of law of subject of specific bequest between date of will and testator’s death
- 164 Change of subject without testator’s knowledge
- 165 Stock specifically bequeathed lent to third party on condition that it be replaced
- 166 Stock specifically bequeathed sold but replaced, and belonging to testator at his death
- 167 Non-liability of executor to exonerate specific legatees
- 168 Compeletion of testator’s title to things bequeathed to be at cost of his estate
- 169 Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically
- 170 Exoneration of specific legatee’s stock in joint-stock company
