Section 155 of the Indian Succession Act, 1925 – Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed

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Section 155: Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed

The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. Illustration A bequeaths to B “the debt due to me by C”. The debt amounts to Rs. 10,000. C pays to A Rs. 5,000 the one-half of the debt. The legacy is revoked by ademption, so far as regards the Rs. 5,000 received by A.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

Related posts:

  1. Section 156 of the Indian Succession Act, 1925 – Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed
  2. Section 159 of the Indian Succession Act, 1925 – Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death
  3. Section 157 of the Indian Succession Act, 1925 – 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
  4. Section 158 of the Indian Succession Act, 1925 – Ademption where stock, specifically bequeathed, does not exist at testator’s death