Indian Succession Act,1925

Act No : 39

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Section : When removal of thing bequeathed does not constitute ademption.

161. When removal of thing bequeathed does not constituteademption.-The removal of the thing bequeathed from the place in whichit is stated in the will to be situated does not constitute anademption, where the place is only referred to in order to completethe description of what the testator meant to bequeath. Illustrations (i) A bequeaths to B "all the bills, bonds and other securitiesfor money belonging to me now lying in my lodgings in Calcutta". Atthe time of his death these effects had been removed from his lodgingsin Calcutta. (ii) A bequeaths to B all his furniture then in his house inCalcutta. The testator has a house at Calcutta and another atChinsurah, in which he lives alternately, being possessed of one setof furniture only which he removes with himself to each house. At thetime of his death the furniture is in the house at Chinsurah. (iii) A bequeaths to B all his goods on board a certain ship thenlying in the river Hughli. The goods are removed by A's directions toa warehouse, in which they remain at the time of A's death. No one of these legacies is revoked by ademption.

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