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Report No. 110

Bequests with Directions etc.: Sections 138-144

(82) In sections 138-139, the present word "fund" would seem to suggest that the sections are intended to apply only to movable property. But the sections should apply to all types of property and, accordingly, the word "fund" should be replaced by the word "property", with necessary consequential change1.

1. Para. 22.7.

Legacies to Executors: Section 141

(83) Section 141 (legacy to executors) should be made subject to an intention to the contrary, by adding, at the end, the words "unless a different intention appears from the will."1

1. Para. 23.4.

Demonstrative Legacies: Section 151

(84) A recommendation is made to combine sections 151 and 157.1

1. Paras. 25.3, 26.12, 26.13 and 26.14.

Ademption-Sections 152-166

(85) Conversion of an asset by legislative action falls within section 163, and is outside section 152. The cause should be excluded from section 152 by express words' and it is recommended that in section 152, after the words, "has been converted into property of a different kind", the words "by act of parties" should be inserted for the purpose.1

1. Para. 26.6.

(86) Further, section 152 should be made subject to a different intention.1

The will should govern the converted property as it would have governed the original property, if such an intention can be inferred.2

1. Para. 26.6.

2. Para. 26.6.

(87) The situations in which sections 155 and 156 operate are distinct from each other and this should be brought out by a suitable re-casting of the section. There is also need to introduce symmetry between the two sections. The two sections should, therefore, be re-cast, as recommended in the Report1

1. Para. 26.10.

(88) Overlapping between sections 151 and 157 should be removed, and the law simplified, by combining the gist of the two sections in one section1.

1. Para. 26.12.

(89) In regard to section 162, it should be made clear that the section applies to "specific bequests". For this purpose, the section should be amended by substituting, for the words "the thing bequeathed", the words "the thing specifically bequeathed1."

1. Para. 26.19.

The Indian Succession Act, 1925 Back

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