Indian Succession Act,1925

Act No : 39

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Section : Ademption explained.

152. Ademption explained.-If anything which has been specificallybequeathed does not belong to the testator at the time of his death,or has been converted into property of a different kind, the legacy isadeemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.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."109 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 horsesin the stable. The legacies are adeemed. (iii) A bequeaths to B certain bales of goods. A takes the goodswith him on a voyage. The ship and goods are lost at sea, and A isdrowned. The legacy is adeemed.

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