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Section 152 – The Indian Succession Act,1925

The Indian Succession Act,1925

Section 152. Ademption explained

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of a different kind, the legacy is adeemed; that is, it cannot take effect, by reason of the subjectmatter having been withdrawn from the operation of the will.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 lifetime,–
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.

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The Indian Succession Act,1925

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