Indian Succession Act,1925
Act No : 39
Section :
Demonstrative legacy defined.
150. Demonstrative legacy defined.-Where a testator bequeaths acertain sum of money, or a certain quantity of any other commodity,and refers to a particular fund or stock so as to constitute the samethe primary fund or stock out of which payment is to be made, thelegacy is said to be demonstrative. Explanation.--The distinction between a specific legacy and ademonstrative legacy consists in this, that-- where specified property is given to the legatee, the legacy is specific; where the legacy is directed to be paid out of specified property, it is demonstrative. Illustrations (i) A bequeaths to B, 1,000 rupees, being part of a debt due tohim from W. He also bequeaths to C 1,000 rupees to be paid out of thedebt due to him from w. The legacy to B is specific, the legacy to Cis demonstrative.108 (ii) A bequeaths to B-- "ten bushels of the corn which shall grow in my field of Green Acre": "80 chests of the indigo which shall be made at my factory of Rampur": "10,000 rupees out of my five per cent. promissory notes of the Central Government": An annuity of 500 rupees "from my funded property": "1,000 rupees out of the sum of 2,000 rupees due to me by C": an annuity, and directs it to be paid "out of the rents arising from my taluk of Ramnagar". (iii) A bequeaths to B-- "10,000 rupees out of my estate at Ramnagar," or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business." Each of these bequests is demonstrative.
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