Section 142: Specific legacy defined
Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Indian Succession Act • Official Statutory Text & Practice Guide
Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific.
"the diamond ring presented to me by C":
"my gold chain":
"a certain bale of wool":
"a certain piece of cloth":
"all my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death":
"the sum of 1,000 rupees in a certain chest":
"the debt which B owes me":
"all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta":
"all my furniture in my house in Calcutta":
"all my goods on board a certain ship now lying in the river Hughli":
"2,000 rupees which I have in the hands of C":
"the money due to me on the bond of D":
"my mortgage on the Rampur factory":
"one-half of the money owing to me on my mortgage of Rampur factory":
"1,000 rupees, being part of a debt due to me from C":
"my capital stock of 1,0001 in East India Stock":
"my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. Loan":
"all such sums of money as my executors may, after my-death, receive in respect of the debt due to me from the insolvent firm of D and Company":
"all the wine which I may have in my cellar at the time of my death":
"such of my horses as B may select" "all my shares in the Imperial Bank of India":
"all my shares in the Imperial Bank Of India which I may possess at the time of my death":
"all the money which I have in the 51/2 per cent. loan of the Central Government":
"all the Government securities I shall be entitled to at the time of my decease".
Each of these legacies is specific.
his house in Calcutta:
his zamindari of Rampur:
histaluq of Ramnagar:
his lease of the indigo-factory of Salkya:
an annuity of 500 rupees out of the rents of his zamindari of W.
A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B.
Each of these bequests is specific.
to buy a house in Calcutta for B:
to buy an estate in zilaFaridpur for B:
to buy a diamond ring for B:
to buy a horse for B:
to be invested in shares in the Imperial Bank of India for B:
to be invested in Government securities for B.
A bequeaths to B-
"a diamond ring":
"a horse":
"10,000 rupees worth of Government securities":
"an annuity of 500 rupees":
"2,000 rupees to be paid in cash":
"so much money as will produce 5,000 rupees four per cent. Government securities."
These bequests are not specific.
Legal Commentary & Landmark Judgments: Section 142
Section 142 defines a Specific Legacy, distinguishing it from general legacies as a gift of a severed, identified part of the testator's property.
Counsel must examine will wording carefully: a bequest of 'my 1,000 shares in Reliance' is specific (adeems if sold before death), whereas '1,000 shares in Reliance' (without 'my') is general (executors must buy them if the estate lacks them).