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Report No. 110

24.4. Section 144.-

Another instance of a legacy which is not specific is dealt with in section 144, which provides that where a bequest is made in general terms of a certain amount of any kind stock, the legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed.

The illustration to the section is as follows:-

"A bequeaths to B, 5,000 rupees five per cent Government securities. A had at the date of the will five per cent Government securities for 5,000 rupees. The legacy is not specific."

This section also needs no change.

24.5. Section 145.- This takes us to section 145, which provides as follows:-

"145. A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place."

Thus, as per the illustration to the section, where A bequeaths to B 10,000 rupees and directs that this legacy shall be paid as soon as A's property in India shall be realised in England, the legacy is not specific.

The section needs no change.

The Indian Succession Act, 1925 Back

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