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Report No. 110

29.5. Section 175-abatement of annuity.- Section 175 reads:-

"175. Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will."

The section needs no change.

29.6. Section 176-Gift of annuity coupled with residuary gift.-

Section 176 reads-

"176. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied for that purpose."

The section also needs no change.

The Indian Succession Act, 1925 Back

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