Act Number: 39

Act Name: The Indian Succession Act, 1925

Year: 1925

Enactment Date: 1925-09-30

Long Title: An Act to consolidate the law applicable to intestate and testamentary succession.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 152: Ademption explained.
    If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is a deemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.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."
     A in his life time,--
     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 horses in the stable. The legacies are adeemed.
     (iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The legacy is adeemed.
Scroll to Top