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Report No. 110

Chapter 24

Specific Legacies (Sections 142 to 149)

24.1. Types of legacies.-Legacies given by a will could be of various types-general1, specific,2 demonstrative,3 or residuary.4 General legacies have been briefly adverted to in the Act, in an earlier section.5 Specific legacies are now more particularly dealt with. The sections concerned with specific legacies, begin with a definition, but a pretty large part of the sections is really concerned with what are not specific legacies. Apparently, this over-elaboration was considered necessary in view of two important legal consequences of a legacy being specific, namely, (i) non-abatement,6 and (ii) possibility of ademption.7

Specific legacies are legacies of a specific part of the testator's property which is distinguished from all other parts of his property-section 142. Sections 143146 provide what are not specific legacies. Property specifically bequeathed must be retained in the form left by the testator and does not abate-sections 147 and 149. The remaining section in the Chapter-section 148-is concerned not with specific bequests, but with property comprised in a bequest to two or more persons in succession which is not specifically bequeathed. Ademption of specific legacies is governed by sections 152-156, contained in a later chapter of the Act.

1. Section 104.

2. Sections 142-149.

3. Sections 150-151.

4. Sections 102-103.

5. Section 104.

6. Sections 152 -166.

7. Sections 152-166.

The Indian Succession Act, 1925 Back

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