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Section 163 – The Indian Succession Act,1925

The Indian Succession Act,1925

Section 163. Change by operation of law of subject of specific bequest between date of will and testator’s death

Where a thing specifically bequeathed undergoes a change between the date of the will and the testator’s death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change.

Illustrations

(i) A bequeaths to B “all the money which I have in the 5 1/2 per cent. loan of the Central Government”. The securities for the 5 1/2 per cent. loan are converted during A’s lifetime into 5 per cent. stock.

(ii) A bequeaths to B the sum of 2,000 l. invested in Consols in the names of trustees for A. The sum of 2,000 l. is transferred by the trustees into A’s own name.

(iii) A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central Government which he has power under his marriage settlement to dispose of by will. Afterwards, in A’s lifetime, the fund is converted into Consols by virtue of an authority contained in the settlement.

No one of these legacies has been adeemed.

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The Indian Succession Act,1925

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