Some provisions in respect of will of hindu are neglected/ rarely used in civil practice....(Ademption)
-S.152 of Indian Succession Act- explain ademption- it means property bequeathed does not belongs to testator or converted into different kind at the time of death of testator.
- Due to ademption bequeathed property be withdrawn from the operation of will.
-S.153- A demonstrative legacy is not a seemed by reason that property charged by will does not exist at the time of death of testator or converted into different kind but it shall in such case be paid out of general assets of testator.
-S.154- A thing bequeathed is right to receive something of value from third party & testator receives in his life it , the bequest adeemed.
-S.155- Receipt by testator part of thing bequeathed shall operate as ademption of legacy to the extent of sum received.
-S.156- Receipt of portion of fund/stock bequeathed shall operate as ademption only to the extent of amount received & residue shall applicable to discharge of specific legacy.
-S.158- Stock bequeathed does not exist at the time of testator's death , the legacy adeemed.
-S.159- Part of stock bequeathed exists at the time of death of testator , legacy adeemed so far as regards to part of stock which has ceased to exist.
-S.160- No-Ademption of bequest goods due to reason of removal.
-S.161- Removal of thing bequeathed from the place does not constitute ademption.
-S.162- bequeathed money or other commodity received by testator from third person shall not constitute ademption.
-S.163- Thing bequeathed change undergoes between the date of will & testator's death due to operation of law is not ademption.
-S.164-Change of thing without knowledge/sanction of testator is not ademption.
-S.165-Thing bequeathed lent to third party on condition of replace is not ademption.
-S.166- Stock bequeathed sold but replaced & belonging to testator at his death is not ademption.
- Relevant provision....
-S.57 & Chapter XVI(16) of Indian Succession Act 1925
- Relevant judgement..
-Due to rarely use of the above provision in actual practice as per my knowledge/search no landmark judgement available...
...... Please Comment & give Suggestions.......
-S.152 of Indian Succession Act- explain ademption- it means property bequeathed does not belongs to testator or converted into different kind at the time of death of testator.
- Due to ademption bequeathed property be withdrawn from the operation of will.
-S.153- A demonstrative legacy is not a seemed by reason that property charged by will does not exist at the time of death of testator or converted into different kind but it shall in such case be paid out of general assets of testator.
-S.154- A thing bequeathed is right to receive something of value from third party & testator receives in his life it , the bequest adeemed.
-S.155- Receipt by testator part of thing bequeathed shall operate as ademption of legacy to the extent of sum received.
-S.156- Receipt of portion of fund/stock bequeathed shall operate as ademption only to the extent of amount received & residue shall applicable to discharge of specific legacy.
-S.158- Stock bequeathed does not exist at the time of testator's death , the legacy adeemed.
-S.159- Part of stock bequeathed exists at the time of death of testator , legacy adeemed so far as regards to part of stock which has ceased to exist.
-S.160- No-Ademption of bequest goods due to reason of removal.
-S.161- Removal of thing bequeathed from the place does not constitute ademption.
-S.162- bequeathed money or other commodity received by testator from third person shall not constitute ademption.
-S.163- Thing bequeathed change undergoes between the date of will & testator's death due to operation of law is not ademption.
-S.164-Change of thing without knowledge/sanction of testator is not ademption.
-S.165-Thing bequeathed lent to third party on condition of replace is not ademption.
-S.166- Stock bequeathed sold but replaced & belonging to testator at his death is not ademption.
- Relevant provision....
-S.57 & Chapter XVI(16) of Indian Succession Act 1925
- Relevant judgement..
-Due to rarely use of the above provision in actual practice as per my knowledge/search no landmark judgement available...
...... Please Comment & give Suggestions.......
No comments:
Post a Comment