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Report No. 110

24.3. Section 143-Bequest of certain sum where stocks etc., in which invested are described.-

What are not specific legacies is a matter to which the Act devotes a large number of sections. The intention to distinguish a property must be clear. On this principle, section 143 provides as under:-

"143. Where a certain suit is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will.

Illustration

A bequeathes to B.

"10,000 rupees of my funded property:"

"10,000 rupees of my property now invested in shares of the East Indian Railway Company".

"10,000 rupees, at present secured by mortgage of Rampur Factory:" No one of these legacies is specific."

The illustrations make amply clear the purport of the section, and no change appears to be needed, in the section.



The Indian Succession Act, 1925 Back




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