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

Home › The Indian Succession Act, 1925 › Part VI – Part vi

Section 156: Ademption 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 Rs. 10,000 due to him from W. A in his lifetime receives Rs. 6,000, part of the Rs. 10,000. The Rs. 4,000 which are due from W to A at the time of his death belong to B under the specific bequest.

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 155 of the Indian Succession Act, 1925 – Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed
  2. 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
  3. Section 159 of the Indian Succession Act, 1925 – Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death
  4. Section 113 of the Indian Succession Act, 1925 – Bequest to person not in existence at testator’s death subject to prior bequest