Section 154
Ademption of specific bequest of right to receive something from third party.
The Indian Succession Act, 1925
About this Act
An Act to consolidate the law applicable to intestate and testamentary succession.
Where the
thing specifically bequeathed is the right to receive something of value from a third party, and the testator
himself receives it, the bequest is adeemed.
Illustrations
(i) A bequeaths to B--
"the debt which C owes me":
"2,000 rupees which I have in the hands of D":
"the money due to me on the bond of E":
"my mortgage on the Rampur factory",
All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed.
(ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed.
Illustrations
(i) A bequeaths to B--
"the debt which C owes me":
"2,000 rupees which I have in the hands of D":
"the money due to me on the bond of E":
"my mortgage on the Rampur factory",
All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed.
(ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed.